Term
Rule 513. Requirements for Issuance; Dissemination of Arrest Warrant Information.
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Definition
Rule 513. Requirements for Issuance; Dissemination of Arrest Warrant Information. (A)(1) For purposes of this rule, ‘‘arrest warrant information’’ is defined as the criminal complaint in cases in which an arrest warrant is issued, the arrest warrant, any affidavit(s) of probable cause, and documents or information related to the case. (B) ISSUANCE OF ARREST WARRANT (1) In the discretion of the issuing authority, advanced communication technology may be used to submit a complaint and affidavit(s) for an arrest warrant and to issue an arrest warrant. (2) No arrest warrant shall issue but upon probable cause supported by one or more affidavits sworn to before the issuing authority in person or using advanced communication technology. The issuing authority, in determining whether probable cause has been established, may not consider any evidence outside the affidavits. (3) Immediately prior to submitting a complaint and affidavit to an issuing authority using advanced communication technology, the affiant must personally communicate with the issuing authority by any device which, at a minimum,allows for simultaneous audio-visual communication. During the communication, the issuing authority shall verify the identity of the affiant, and orally administer an oath to the affiant. (4) At any hearing on a motion challenging an arrest warrant, no evidence shall be admissible to establish probable cause for the arrest warrant other than the affidavits provided for in paragraph (B)(2). (C) DELAY IN DISSEMINATION OF ARREST WARRANT INFORMATION The affiant or the attorney for the Commonwealth may request that the availability of the arrest warrant information for inspection and dissemination be delayed. The arrest warrant affidavit shall include the facts and circumstances that are alleged to establish good cause for delay in inspection and dissemination. (1) Upon a finding of good cause, the issuing authority shall grant the request and order that the availability of the arrest warrant information for inspection and dissemination be delayed for a period of 72 hours or until receipt of notice by the issuing authority that the warrant has been executed,
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whichever occurs first. The 72-hour period of delay may be preceded by an initial delay period of not more than 24 hours, when additional time is required to complete the administrative processing of the arrest warrant information before the arrest warrant is issued. The issuing authority shall complete the administrative processing of the arrest warrant information prior to the expiration of the initial 24-hour period. (2) Upon the issuance of the warrant, the 72-hour period of delay provided in paragraph (C)(1) begins. (3) In those counties in which the attorney for the Commonwealth requires that complaints and arrest warrant affidavits be approved prior to filing as provided in Rule 507, only the attorney for the Commonwealth may request a delay in the inspection and dissemination of the arrest warrant information.
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Term
| Rule 516. Procedure in Court Cases When Warrant of Arrest is Executed Within Judicial District of Issuance. |
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Definition
Rule 516. Procedure in Court Cases When Warrant of Arrest is Executed Within Judicial District of Issuance.
(A) When a defendant has been arrested in a court case, with a warrant, within the judicial district where the warrant of arrest was issued, the defendant shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay.
(B) When a preliminary arraignment is conducted using advanced communication technology pursuant to Rule 540(A), the defendant shall be taken to an advanced communication technology site that, in the judgment of the arresting officer, is most convenient to the place of arrest without regard to the boundary of any magisterial district or judicial district. |
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Term
| Rule 509. Use of Summons or Warrant of Arrest in Court Cases. |
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Definition
Rule 509. Use of Summons or Warrant of Arrest in Court Cases. If a complaint charges an offense that is a court case, the issuing authority with whom it is filed shall: (1) issue a summons and not a warrant of arrest in cases in which the most serious offense charged is a misdemeanor of the second degree or a misdemeanor of the first degree in cases arising under 75 Pa.C.S. § 3802, except as set forth in paragraph (2);
(2) issue a warrant of arrest when: (a) one or more of the offenses charged is a felony or murder; or (b) the issuing authority has reasonable grounds for believing that the defendant will not obey a summons; or (c) the issuing authority has reasonable grounds for believing that the defendant poses a threat of physical harm to any other person or to himself or herself; or (d) the summons was mailed pursuant to Rule 511(A) and has been returned undelivered; or (e) the identity of the defendant is unknown; or (3) issue a summons or a warrant of arrest, within the issuing authority’s discretion, when the offense charged does not fall within any of the categories specified in paragraphs (1) or (2). |
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Term
| Rule 517. Procedure in Court Cases When Warrant of Arrest is Executed Outside the Judicial District of Issuance. |
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Definition
Rule 517. Procedure in Court Cases When Warrant of Arrest is Executed Outside the Judicial District of Issuance. (A) When a defendant has been arrested in a court case, with a warrant, outside the judicial district where the warrant of arrest was issued, the defendant shall be taken without unnecessary delay to the proper issuing authority in the judicial district of arrest for the purpose of posting bail, as permitted by law. (B) Such issuing authority shall advise the defendant of the right to post bail. If bail is posted, the defendant shall be admitted to bail, conditioned upon the defendant’s appearance for the preliminary arraignment before the proper issuing authority in the judicial district where the warrant was issued, at a date certain not less than 5 nor more than 10 days thereafter. (C) When a defendant fails to post bail, the arresting person shall: (1) return the defendant to the judicial district where the warrant was issued, without unnecessary delay, for preliminary arraignment by the proper issuing authority; or (2) lodge the defendant in a suitable place of detention in the judicial district of arrest, and forthwith notify the proper issuing authority in the judicial district where the warrant was issued of the defendant’s detention, and the place of such detention. Upon receipt of this notice, the issuing authority shall, without unnecessary delay, cause the defendant to be brought to the judicial district where the warrant was issued for preliminary arraignment by the proper issuing authority. (D) When a defendant has been held for 48 hours or more without preliminary arraignment, in a place of detention outside the judicial district where the warrant was issued, because of the inability to post bail, the defendant shall be
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discharged from custody upon application of any interested person to a judge of a court of the judicial district of detention; provided that, upon cause shown the judge may grant one or more extensions of the defendant’s detention to an early date, fixed in the order, but if the defendant remains in custody and has not been removed to the judicial district where the warrant was issued at the end of the extended detention period, the defendant shall be discharged from custody. (E) When a defendant who has posted bail and been released from custody before preliminary arraignment thereafter fails to appear at the time fixed, the proper issuing authority in the judicial district where the warrant was issued shall forthwith cause the bail to be forfeited according to law, and issue a bench warrant. If the defendant is thereafter arrested outside the judicial district where the bench warrant was issued, the defendant shall not be entitled to post bail in the judicial district where arrested, but shall be taken as soon as practicable to the judicial district where the bench warrant was issued for preliminary arraignment by the proper issuing authority. (F) When, upon application of any interested person, it is shown to the satisfaction of a judge of a court in the judicial district where the warrant of arrest was issued, that the defendant was returned to that judicial district without being given the opportunity to post bail, as provided in paragraphs (A) and (B), and that had such opportunity been given, the defendant would have been able to post such bail, the judge shall have the discretion to: (1) discharge the defendant from custody; or (2) release the defendant on bail, conditioned upon the defendant’s appearance at the preliminary hearing; and (3) forfeit all costs, including mileage and transportation charges, of the arresting and transporting person, in order that such costs and charges shall not be taxed in the case. (G) All recognizances accepted under this rule shall forthwith be transmitted to the proper issuing authority in the judicial district where the warrant was issued. |
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Term
| Rule 515. Execution of Arrest Warrant. |
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Definition
| Rule 515. Execution of Arrest Warrant. (A) A warrant of arrest may be executed at any place within the Commonwealth. (B) A warrant of arrest shall be executed by a police officer. (C) When the warrant has been issued by a magisterial district judge, and the defendant cannot be found, the case shall remain in the magisterial district, and shall not be forwarded to the court of common pleas for further proceedings. |
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Term
| Rule 540. Preliminary Arraignment. |
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Definition
Rule 540. Preliminary Arraignment. (A) In the discretion of the issuing authority, the preliminary arraignment of the defendant may be conducted by using two-way simultaneous audio-visual communication. When counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and during the preliminary arraignment. (B) If the defendant is under the age of 18 at the time the complaint is filed and is charged with one of the offenses excluded from the definition of ‘‘delinquent act’’ in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. § 6302, the issuing authority shall determine whether the defendant’s parents, guardian, or other custodian have been notified of the charge(s). If the parents, guardian, or other custodian have not been notified, the issuing authority shall notify them. (C) At the preliminary arraignment, a copy of the complaint accepted for filing pursuant to Rule 508 shall be given to the defendant. (D) If the defendant was arrested with a warrant, the issuing authority shall provide the defendant with copies of the warrant and supporting affidavit(s) at the preliminary arraignment, unless the warrant and affidavit(s) are not available at that time, in which event the defendant shall be given copies no later than the first business day after the preliminary arraignment. (E) If the defendant was arrested without a warrant pursuant to Rule 519, unless the issuing authority makes a determination of probable cause, the defendant shall not be detained. (F) The issuing authority shall not question the defendant about the offense(s) charged but shall read the complaint to the defendant. The issuing authority shall inform the defendant: (1) of the right to secure counsel of choice and the right to assigned counsel in accordance with Rule 122; (2) of the right to have a preliminary hearing, except in cases being presented to an indicting grand jury pursuant to Rule 556.2; and (3) if the offense is bailable, the type of release on bail, as provided in Chapter 5 Part C of these rules, and the conditions of the bail bond.
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(G) Unless the preliminary hearing is waived by a defendant who is represented by counsel, or the attorney for the Commonwealth is presenting the case to an indicting grand jury pursuant to Rule 556.2, the issuing authority shall: (1) fix a day and hour for a preliminary hearing which shall not be later than 14 days after the preliminary arraignment if the defendant is in custody and no later than 21 days if not in custody unless: (a) extended for cause shown; or (b) the issuing authority fixes an earlier date upon request of the defendant or defense counsel with the consent of the complainant and the attorney for the Commonwealth; and (2) give the defendant notice, orally and in writing, (a) of the date, time, and place of the preliminary hearing, (b) that failure to appear without cause for the preliminary hearing will be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority, and will result in the case proceeding in the defendant’s absence and in the issuance of a warrant of arrest, and (c) if the case is held for court at the time of the preliminary hearing that if the defendant fails to appear without cause at any proceeding for which the defendant’s presence is required, including the trial, the defendant’s absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in the defendant’s absence. (H) After the preliminary arraignment, if the defendant is detained, the defendant shall be given an immediate and reasonable opportunity to post bail, secure counsel, and notify others of the arrest. Thereafter, if the defendant does not post bail, he or she shall be committed to jail as provided by law. (I) If a monetary condition of bail is set, the issuing authority shall accept payment of the monetary condition, as provided in Rule 528, at any time prior to the return of the docket transcript to the court of common pleas. |
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Definition
Commonwealth v. Davenport – 1977 – 4/3 PA S.C. Decision – The 6 hour rule – they had 6 hours from time they are taken into custody to get them into preliminary arraignment. All evidence gathered in the 6 hours from the defendant is suppressed if they do not get in front of the magistrate before the 6 hour mark.
12:00 Arrest, 3:00 – oral admission - the gun is mine, 4:30 – oral admission - I killed him, 5:30 – sign confession, 8:00 – Arraignment – everything is tossed since the arraignment was after 6 hours.
Duncan – 1987 – 4/3 PA S.C. Decision – they liked the 6 hour rule, but they tweaked it. Anything gathered in the 6 hours is allowed. Anything after the 6 hours is excluded, so say in the hypo above, they do not sign the confession til 6:30 – the signed confession would be out.
Perez – 2004 – 5/2 PA S.C. Decision – they like the 6 hour rule, and we suggest the police practice it. However, we will not suppress evidence just based on violating the 6 hour rule though, we will look at totality of the circumstances - length of delay, reason for delay, and what prejudice, if any, did it cause the defendant (so basically the law before Davenport). Should the police be punished because the judge won’t come out within the 6 hours, for example. However, police are urged to stick to the 6 hour rule. |
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Term
| Rule 520. Bail Before Verdict. |
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Definition
| Rule 520. Bail Before Verdict. (A) Bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or on the record the reasons for that determination. (B) A defendant may be admitted to bail on any day and at any time. |
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Term
| Rule 523. Release Criteria. |
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Definition
| Rule 523. Release Criteria. (A) To determine whether to release a defendant, and what conditions, if any, to impose, the bail authority shall consider all available information as that information is relevant to the defendant’s appearance or nonappearance at subsequent proceedings, or compliance or noncompliance with the conditions of the bail bond, including information about: (1) the nature of the offense charged and any mitigating or aggravating factors that may bear upon the likelihood of conviction and possible penalty; (2) the defendant’s employment status and history, and financial condition; (3) the nature of the defendant’s family relationships; (4) the length and nature of the defendant’s residence in the community, and any past residences; (5) the defendant’s age, character, reputation, mental condition, and whether addicted to alcohol or drugs; (6) if the defendant has previously been released on bail, whether he or she appeared as required and complied with the conditions of the bail bond; (7) whether the defendant has any record of flight to avoid arrest or prosecution, or of escape or attempted escape; (8) the defendant’s prior criminal record; (9) any use of false identification; and (10) any other factors relevant to whether the defendant will appear as required and comply with the conditions of the bail bond. (B) The decision of a defendant not to admit culpability or not to assist in an investigation shall not be a reason to impose additional or more restrictive conditions of bail on the defendant. |
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Term
| Rule 100. Scope of Rules. |
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Definition
| Rule 100. Scope of Rules. (A) These rules shall govern criminal proceedings in all courts including courts not of record. Unless otherwise specifically provided, these rules shall not apply to juvenile or domestic relations proceedings. (B) Each of the courts exercising criminal jurisdiction may adopt local rules of procedure in accordance with Rule 105. |
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Term
| Rule 101. Purpose and Construction. |
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Definition
| Rule 101. Purpose and Construction. (A) These rules are intended to provide for the just determination of every criminal proceeding. (B) These rules shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay. (C) To the extent practicable, these rules shall be construed in consonance with the rules of statutory construction. |
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| Rule 102. Citing the Criminal Procedural Rules. |
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Definition
| Rule 102. Citing the Criminal Procedural Rules. All criminal procedural rules adopted by the Supreme Court under the authority ofArticle V 10(c) of the Constitution of Pennsylvania, adoptedApril 23, 1968, shall be known as the Pennsylvania Rules of Criminal Procedure and shall be cited as ‘‘Pa.R.Crim.P. .’’ |
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Term
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Definition
| Definitions - see the Rule |
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Term
| Rule 104. Design of Forms. |
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Definition
| Rule 104. Design of Forms. The Court Administrator of Pennsylvania, in consultation with the Criminal Procedural Rules Committee, shall design and publish forms necessary to implement these Rules. |
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Term
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Definition
Rule 105. Local Rules. (A) For the purpose of this rule, the term ‘‘local rule’’shall include every rule, administrative order, regulation, directive, policy, custom, usage, form or order of general application, however labeled or promulgated, which is adopted or enforced by a court of common pleas, by the Philadelphia Municipal Court, or by the Philadelphia Municipal Court Traffic Division to govern criminal practice and procedure. (B) Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly. (1) The Criminal Procedural Rules Committee, at any time, may recommend that the Supreme Court suspend, vacate, or require amendment of a local rule. (2) The Criminal Procedural Rules Committee may suspend that local rule pending action by the Court on that recommendation. (C) Local rules shall be given numbers that are keyed to the number of the general rules to which the local rules correspond. (D) All proposed local criminal rules and proposed amendments to local criminal rules shall be submitted in writing to the Criminal Procedural Rules Committee for the Committee to review. The adopting court shall not proceed with the proposed local rule or amendments until the adopting court receives written notification from the Committee that the proposed local rule or amendments are not inconsistent with any general rule of the Supreme Court. (E) All local rules shall be published in the Pennsylvania Bulletin to be effective and enforceable. (1) The adopting court shall not publish the local rule in the Pennsylvania Bulletin until it has received the statement from the Committee that the proposed local rule is not inconsistent with any general rule of the Supreme Court. (2) The adopting court shall distribute two certified paper copies of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The adopting court also shall distribute to the Legislative Ref
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erence Bureau a copy of the local rule on a computer diskette or on a CD-ROM, that complies with the requirements of 1 Pa. Code § 13.11(b). (3) The effective date of the local rule shall not be less than 30 days after the date of publication of the rule in the Pennsylvania Bulletin. (F) Contemporaneously with publishing the local rule in the Pennsylvania Bulletin, the adopting court shall: (1) file one certified copy of the local rule with the Administrative Office of Pennsylvania Courts; and (2) publish a copy of the local rule on the Unified Judicial System’s web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx. (G) The local rules shall be kept continuously available for public inspection and copying in the office of the prothonotary or clerk of courts. Upon request and payment of reasonable costs of reproduction and mailing, the prothonotary or clerk shall furnish to any person a copy of any local rule. (H) A local rule promulgated before the effective date of this rule shall be filed on or before that effective date with the prothonotary or clerk of courts and shall be kept by the prothonotary or clerk for inspection, copying, and furnishing as provided in paragraph (G). (I) No pleading or other legal paper shall be refused for filing by the clerk of courts based on a requirement of a local rule. No case shall be dismissed nor request for relief granted or denied because of failure to comply with a local rule. In any case of noncompliance with a local rule, the court shall alert the party to the specific provision at issue and provide a reasonable time for the party to comply with the local rule. |
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| Rule 112. Publicity, Broadcasting, and Recording of Proceedings. |
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Definition
Rule 112. Publicity, Broadcasting, and Recording of Proceedings. (A) The court or issuing authority shall: (1) prohibit the taking of photographs, video, or motion pictures of any judicial proceedings or in the hearing room or courtroom or its environs during the judicial proceedings; and (2) prohibit the transmission of communications by telephone, radio, television, or advanced communication technology from the hearing room or the courtroom or its environs during the progress of or in connection with any judicial proceedings, whether or not the court is actually in session. The environs of the hearing room or courtroom is defined as the area immediately surrounding the entrances and exits to the hearing room or courtroom. (B) The court or issuing authority may permit the taking of photographs, or radio or television broadcasting, or broadcasting by advanced technology, of judicial proceedings, such as naturalization ceremonies or the swearing in of public officials, which may be conducted in the hearing room or courtroom. (C) Except as provided in paragraph (D), the stenographic, mechanical, electronic recording, or the recording using any advanced communication technology, of any judicial proceedings by anyone other than the official court stenographer in a court case, for any purpose, is prohibited. (D) In a judicial proceeding before an issuing authority, the issuing authority, the attorney for the Commonwealth, the affiant, or the defendant may cause a recording to be made of the judicial proceeding as an aid to the preparation of the written record for subsequent use in a case, but such recordings shall not be publicly played or disseminated in any manner unless in a court during a trial or hearing.
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(E) If it appears to the court or issuing authority that a violation of this rule has resulted in substantial prejudice to the defendant, the court or issuing authority, upon application by the attorney for the Commonwealth or the defendant, may: (1) quash the proceedings at the preliminary hearing and order another preliminary hearing to be held before the same issuing authority at a subsequent time without additional costs being taxed; (2) discharge the defendant on nominal bail if in custody, or continue the bail if at liberty, pending further proceedings; |
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| Rule 115. Recording and Transcribing Court Proceedings. . |
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Definition
Rule 115. Recording and Transcribing Court Proceedings. (A) In court cases, after a defendant has been held for court, proceedings in open court shall be recorded.
(B) Upon the motion of any party, upon its own motion, or as required by law, the court shall determine and designate those portions of the record, if any, that are to be transcribed. (C) At any time before an appeal is taken the court may correct or modify the record in the same manner as is provided by Rule 1926 of the Pennsylvania Rules of Appellate Procedure. |
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Term
| Rule 116. General Supervisory Powers of President Judge. |
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Definition
| Rule 116. General Supervisory Powers of President Judge. The President Judge shall be responsible for ensuring that the judicial district is in compliance with the Pennsylvania Rules of Criminal Procedure, other rules, and statutes, applicable to the minor judiciary, courts, clerks of courts, and court administrators. |
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Term
| Rule 117. Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail. |
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Definition
| Rule 117. Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail. (A) The president judge of each judicial district shall ensure sufficient availability of issuing authorities to provide the services required by the Rules of Criminal Procedure as follows: (1) continuous coverage for the issuance of search warrants pursuant to Rule 203 and arrest warrants pursuant to Rule 513; (2) coverage using one or a combination of the systems of coverage set forth in paragraph (B) to: (a) conduct summary trials or set collateral in summary cases following arrests with a warrant issued pursuant to Rule 430(A) as provided in Rule 431(B)(3) and following arrests without a warrant as provided in Rule 441(C); (b) conduct preliminary arraignments without unnecessary delay whenever a warrant of arrest is executed within the judicial district pursuant to Rule 516; (c) set bail without unnecessary delay whenever an out-of-county warrant of arrest is executed within the judicial district pursuant to Rule 517(A); (d) accept complaints and conduct preliminary arraignments without unnecessary delay whenever a case is initiated by an arrest without warrant pursuant to Rule 519(A)(1); and (3) coverage during normal business hours for all other business. (B) The president judge, taking into consideration the rights of the defendant and the judicial district’s resources and coverage needs, by local rule promulgated pursuant to Rule 105, shall establish one or a combination of the following systems of coverage to provide the services enumerated in paragraph (A)(2): (1) a traditional on-call system providing continuous coverage; (2) an ‘‘after-hours court’’ or a ‘‘night court’’ staffed by an on-duty issuing authority and staff; (3) a regional on-call system; or (4) a schedule of specified times for after-hours coverage when the ‘‘duty’’ issuing authority will be available to conduct business. (C) The president judge of each judicial district, by local rule promulgated pursuant to Rule 105, shall ensure that coverage is provided pursuant to Rule 520(B) to admit defendants to bail on any day and at any time in any case pending within the judicial district. |
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Term
| Rule 118. Court Fees Prohibited For Two-Way Simultaneous AudioVisual Communication. |
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Definition
| Rule 118. Court Fees Prohibited For Two-Way Simultaneous AudioVisual Communication. When a criminal proceeding is conducted by using two-way simultaneous audio-visual communication, the court shall not impose a fee upon the defendant for its use. |
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Term
| Rule 119. Use of Two-Way Simultaneous Audio-Visual Communication in Criminal Proceedings. |
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Definition
| Rule 119. Use of Two-Way Simultaneous Audio-Visual Communication in Criminal Proceedings. (A) The court or issuing authority may use two-way simultaneous audiovisual communication at any criminal proceeding except: (1) preliminary hearings; (2) proceedings pursuant to Rule 569(A)(2)(b); (3) proceedings pursuant to Rules 595 and 597; (4) trials; (5) sentencing hearings; (6) parole, probation, and intermediate punishment revocation hearings; and (7) any proceeding in which the defendant has a constitutional or statutory right to be physically present. (B) The defendant may consent to any proceeding being conducted using two-way simultaneous audio-visual communication. (C) When counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and during the proceeding. |
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Term
| Rule 526. Conditions of Bail Bond. |
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Definition
Rule 526. Conditions of Bail Bond.
(A) In every case in which a defendant is released on bail, the conditions of the bail bond shall be that the defendant will: (1) appear at all times required until full and final disposition of the case; (2) obey all further orders of the bail authority; (3) give written notice to the bail authority, the clerk of courts, the district attorney, and the court bail agency or other designated court bail officer, of any change of address within 48 hours of the date of the change; (4) neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by Section 4952 of the Crimes Code (relating to intimidation of witnesses or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.C.S. §§ 4952, 4953; and (5) refrain from criminal activity.
(B) If the bail authority determines that it is necessary to impose conditions of release in addition to the conditions required in paragraph (A) to ensure the defendant’s appearance and compliance, the bail authority may impose such conditions as provided in Rules 524, 527, and 528.
(C) The bail authority shall set forth in the bail bond all conditions of release imposed pursuant to this rule. |
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| Rule 130. Venue; Transfer of Proceedings. |
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Definition
| Rule 130. Venue; Transfer of Proceedings. (A) VENUE All criminal proceedings in summary and court cases shall be brought before the issuing authority for the magisterial district which in the offense is alleged to have occurred or before an issuing authority on temporary assignment to serve such magisterial district, subject, however, to the following exceptions: (1) A criminal proceeding may be brought before any issuing authority of any magisterial district within the judicial district whenever the particular place within the judicial district which the offense is alleged to have occurred in unknown. (2) When changes arising from the same criminal episode occur in more than one magisterial district within the same judicial district, the criminal proceeding on all the charges should be brought before one issuing authority in any one of the magisterial districts in which the charges arising from the same criminal episode occurred. (3) When charges arising from the criminal episode occur in more than one judicial district, the criminal proceeding on all the charges may be brought before one issuing authority in a magisterial district within any of the judicial districts in which the charges arising from the same criminal episode occurred. (4) Whenever an arrest is made without a warrant for any summary offense arising under the Vehicle Code, which allegedly occurred on a highway of the Pennsylvania Turnpike System or any controlled or limited access highway, or any right-of-way of such System or highway, or any other highway or highways of the Commonwealth, the defendant shall be taken and the proceeding shall be brought either where the offense allegedly occurred, or before the issuing authority for any other magisterial district within the same judicial district which, in the judgment of the arresting officer, is most convenient to the place of arrest without regard to the boundary line of any magisterial district or judicial district. (5) When any offense is alleged to have occurred within 100 yards of the boundary between two or more magisterial districts of a judicial district, the proceeding may be brought in either or any of the magisterial districts without regard of the boundary lines of any county. (6) When the president judge designates a magisterial district or a location in that district in which certain classes of offenses, which occurred in other specified magisterial districts, may be heard. (B) TRANSFER OF PROCEEDINGS IN COURT CASES (1) Prior to the completion of the preliminary hearing: (a) When charges arising from a single criminal episode, which occurred in more than one judicial district, (i) are filed in more than one judicial district, upon the filing with the issuing authority of a written agreement by the attorneys for the Commonwealth, the proceedings shall be transferred to the magisterial district in the judicial district selected by the attorneys for the Commonwealth; or (ii) are filed in one judicial district, upon the filing of a written agreement by the attorneys for the Commonwealth, the proceedings shall be transferred to the magisterial district in the judicial district selected by the attorneys for the Commonwealth. (b) When charges arising from a single criminal episode, which occurred in more than one magisterial district, (i) are filed in more than one magisterial district, the proceedings may be transferred to the magisterial district selected by the attorney for the Commonwealth; or (ii) are filed in one magisterial district, the proceedings may be transferred to another magisterial district selected by the attorney for the Commonwealth. (2) The issuing authority shall promptly transmit to the issuing authority of the magisterial district to which the proceedings are being transferred a certified copy of all docket entries, together with all the original papers filed in the proceeding, a copy of the bail bond and any deposits in satisfaction of a monetary condition of bail, and a bill of the costs which have accrued but have not been collected prior to the transfer. |
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| Rule 131. Location of Proceedings Before Issuing Authority. |
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Definition
Rule 131. Location of Proceedings Before Issuing Authority. (A) An issuing authority within the magisterial district for which he or she is elected or appointed shall have jurisdiction and authority to receive complaints,
issue warrants, hold preliminary arraignments, set and receive bail, issue commitments to jail, and hold hearings and summary trials. (1) Except as provided in paragraph (A)(2), all preliminary arraignments shall be held in the issuing authority’s established office, a night court, or some other facility within the Commonwealth designated by the president judge, or the president judge’s designee. (2) Preliminary arraignments may be conducted using advanced communication technology pursuant to Rule 540. The preliminary arraignment in these cases may be conducted from any site within the Commonwealth designated by the president judge, or the president judge’s designee. (3) All hearings and summary trials before the issuing authority shall be held publicly at the issuing authority’s established office. For reasons of emergency, security, size, or in the interests of justice, the president judge, or the president judge’s designee, may order that a hearing or hearings, or a trial or trials, be held in another more suitable location within the judicial district. (4) The issuing authority may receive complaints, issue warrants, set and receive bail, and issue commitments to jail from any location within the judicial district, or from an advanced communication technology site within the Commonwealth. (B) When local conditions require, the president judge may establish procedures for preliminary hearings or summary trials, in all cases or in certain classes of cases, to be held at a central place or places within the judicial district at certain specified times. The procedures established shall provide either for the transfer of the case or the transfer of the issuing authority to the designated central place as the needs of justice and efficient administration require. |
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Term
| Rule 502. Instituting Proceedings in Court Cases. |
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Definition
| Rule 502. Instituting Proceedings in Court Cases. Criminal proceedings in court cases shall be instituted by: (1) filing a written complaint; or (2) an arrest without a warrant: (a) when the offense is a murder 1 felony or misdemeanor committed in the presence of the police officer making the arrest; or (b) upon probable cause when the offense is a felony or murder; or (c) upon probable cause when the offense is a misdemeanor not committed in the presence of the police officer making the arrest, when such arrest without a warrant is specifically authorized by statute. |
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Term
| Rule 506. Approval of Private Complaints. |
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Definition
| Rule 506. Approval of Private Complaints. (A) When the affiant is not a law enforcement officer, the complaint shall be submitted to an attorney for the Commonwealth, who shall approve or disapprove it without unreasonable delay. (B) If the attorney for the Commonwealth: (1) approves the complaint, the attorney shall indicate this decision on the complaint form and transmit it to the issuing authority; (2) disapproves the complaint, the attorney shall state the reasons on the complaint form and return it to the affiant. Thereafter, the affiant may petition the court of common pleas for review of the decision. |
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Term
| Rule 513. Requirements for Issuance; Dissemination of Arrest Warrant Information. |
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Definition
| Rule 513. Requirements for Issuance; Dissemination of Arrest Warrant Information. (A)(1) For purposes of this rule, ‘‘arrest warrant information’’ is defined as the criminal complaint in cases in which an arrest warrant is issued, the arrest warrant, any affidavit(s) of probable cause, and documents or information related to the case. (B) ISSUANCE OF ARREST WARRANT (1) In the discretion of the issuing authority, advanced communication technology may be used to submit a complaint and affidavit(s) for an arrest warrant and to issue an arrest warrant. (2) No arrest warrant shall issue but upon probable cause supported by one or more affidavits sworn to before the issuing authority in person or using advanced communication technology. The issuing authority, in determining whether probable cause has been established, may not consider any evidence outside the affidavits. (3) Immediately prior to submitting a complaint and affidavit to an issuing authority using advanced communication technology, the affiant must personally communicate with the issuing authority by any device which, at a minimum,allows for simultaneous audio-visual communication. During the communication, the issuing authority shall verify the identity of the affiant, and orally administer an oath to the affiant. (4) At any hearing on a motion challenging an arrest warrant, no evidence shall be admissible to establish probable cause for the arrest warrant other than the affidavits provided for in paragraph (B)(2). (C) DELAY IN DISSEMINATION OF ARREST WARRANT INFORMATION The affiant or the attorney for the Commonwealth may request that the availability of the arrest warrant information for inspection and dissemination be delayed. The arrest warrant affidavit shall include the facts and circumstances that are alleged to establish good cause for delay in inspection and dissemination. (1) Upon a finding of good cause, the issuing authority shall grant the request and order that the availability of the arrest warrant information for inspection and dissemination be delayed for a period of 72 hours or until receipt of notice by the issuing authority that the warrant has been executed, whichever occurs first. The 72-hour period of delay may be preceded by an initial delay period of not more than 24 hours, when additional time is required to complete the administrative processing of the arrest warrant information before the arrest warrant is issued. The issuing authority shall complete the administrative processing of the arrest warrant information prior to the expiration of the initial 24-hour period. (2) Upon the issuance of the warrant, the 72-hour period of delay provided in paragraph (C)(1) begins. (3) In those counties in which the attorney for the Commonwealth requires that complaints and arrest warrant affidavits be approved prior to filing as provided in Rule 507, only the attorney for the Commonwealth may request a delay in the inspection and dissemination of the arrest warrant information. |
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Term
| Rule 519. Procedure in Court Cases |
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Definition
| Rule 519. Procedure in Court Cases Initiated by Arrest Without Warrant. (A) PRELIMINARY ARRAIGNMENT (1) Except as provided in paragraph (B), when a defendant has been arrested without a warrant in a court case, a complaint shall be filed against the defendant and the defendant shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. (2) When a preliminary arraignment is conducted by advanced communication technology pursuant to Rule 540(A), the defendant shall be taken to an advanced communication technology site that, in the judgment of the arresting officer, is most convenient to the place of arrest without regard to the boundary of any magisterial district or judicial district. (B) RELEASE (1) The arresting officer shall promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met: (a) the most serious offense charged is a misdemeanor of the second degree or a misdemeanor of the first degree in cases arising under 75 Pa.C.S. 3802; (b) the defendant poses no threat of immediate physical harm to any other person or to himself or herself; and (c) the arresting officer has reasonable grounds to believe that the defendant will appear as required. (2) When a defendant is released pursuant to paragraph (B)(1), a complaint shall be filed against the defendant within 5 days of the defendant’s release. Thereafter, the issuing authority shall issue a summons, not a warrant of arrest, and shall proceed as provided in Rule 510 |
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Term
| Rule 528. Monetary Condition of Release on Bail. |
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Definition
Rule 528. Monetary Condition of Release on Bail. (A) If the bail authority determines that it is necessary to impose a monetary condition of bail, to determine the amount of the monetary condition, the bail authority shall consider: (1) the release criteria set forth in Rule 523; and (2) the financial ability of the defendant. (B) The amount of the monetary condition shall be reasonable. (C) After determining the amount of the monetary condition, the bail authority may permit the deposit of a sum of money not to exceed 10% of the full amount of the monetary condition if he or she determines that such a deposit is sufficient to ensure the defendant’s appearance and compliance. (D) One or a combination of the following forms of security shall be accepted to satisfy the full amount of the monetary condition: (1) Cash or when permitted by the local court a cash equivalent. (2) Bearer bonds of the United States Government, of the Commonwealth of Pennsylvania, or of any political subdivision of the Commonwealth, in the full amount of the monetary condition, provided that the defendant or the surety files with the bearer bond a sworn schedule which shall verify the value and marketability of such bonds, and which shall be approved by the bail authority. (3) Realty located anywhere within the Commonwealth, including realty of the defendant, as long as the actual net value is at least equal to the full amount of the monetary condition. The actual net value of the property may be established by considering, for example, the cost, encumbrances, and assessed value, or another valuation formula provided by statute, ordinance, or local rule of court. Realty held in joint tenancy or tenancy by the entirety may be accepted provided all joint tenants or tenants by the entirety execute the bond. (4) Realty located anywhere outside of the Commonwealth but within the United States, provided that the person(s) posting such realty shall comply with all reasonable conditions designed to perfect the lien of the county in which the prosecution is pending.
(5) The surety bond of a professional bondsman licensed under the Judicial Code, 42 Pa.C.S. §§ 5741—5749, or of a surety company authorized to do business in the Commonwealth of Pennsylvania. (E) The bail authority shall record on the bail bond the amount of the monetary condition imposed and the form of security that is posted by the defendant or by an individual acting on behalf of the defendant or acting as a surety for the defendant. (F) Except as limited in Rule 531, the defendant or another person may deposit the cash percentage of the bail. If the defendant posts the money, the defendant shall sign the bond, thereby becoming his or her own surety, and is liable for the full amount of bail if he or she fails to appear or to comply. When a person other than the defendant deposits the cash percentage of the bail, the clerk of courts or issuing authority shall explain and provide written notice to that person that: 1) if the person agrees to act as a surety and signs the bail bond with the defendant, the person shall be liable for the full amount of bail if the defendant fails to appear or comply; or 2) if the person does not wish to be liable for the full amount of bail, the person shall be permitted to deposit the money for the defendant to post, and will relinquish the right to make a subsequent claim for the return of the money pursuant to these rules. In this case, the defendant would be deemed the depositor, and only the defendant would sign the bond and be liable for the full amount of bail. 3) Pursuant to Rule 535(E), if the bail was deposited by or on behalf of the defendant and the defendant is the named depositor, the amount otherwise returnable to the defendant may be used to pay and satisfy any outstanding restitution, fees, fines, and costs owed by the defendant as a result of a sentence imposed in the court case for which the deposit is being made. |
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Term
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Definition
ROR – release on recognizance, release on their own good name
Release on Non-monetary conditions, additional conditions are added to the bail bond, such as going to rehab, having a curfew, staying with parents, etc.
Release on Unsecured Bail Bond – no money needs to be posted, though a dollar amount is set. They owe the money if they fail to appear or fail to comply with conditions.
Release on Nominal Bail – nominal bail is posted, usually $1, by a surety – third person or agency, their primary responsibility is to monitor bail. They monitor night court system as well for bail, they interview the guy before the magistrate to determine what bail would be appropriate and argue it in front of the magistrate. If there is a condition to be supervised, this surety can monitor them and require them to check in, get drug tests, etc.
Release on Monetary Conditions – magistrate sets monetary amount to secure appearance of def at trial. Monetary bail can be posted with cash under Rule 528, which deals with monetary bail, which is returned if they appear minus the county fee. Not usually large amounts posted in cash. A bearer bond can also be posted – the person who holds the bond, counts as the cash for bail. Property can also be used for bail, although if it is not nearby, the bail might take longer while records to confirm value of property and ownership and it must be in the United States. They will lose the property if Junior does not show up, but everyone with an ownership interest in the property must sign as a result. It is also only the equity in the house that can be posted as collateral. So, if the house is worth 100k, but there is 85k owed on house, then only 15k is available for equity. Any remaining balance can come through additional property, cash, etc.
Bail posted by a Professional Bondsman – licensed by the Commonwealth Dept. of Insurance, bondsman goes to magistrate and signs for bailbond and Junior walks out. They do not have to pay up front. They have a loosely regulated fee for this service setting a max fee as $10 for first $100 of bail and 5% of the balance, so so 10k - $10 for first 100, then 9900*.05 = 495.00, so they would be owed $505. They can charge less, however. If Junior shows up, they do not get the fee back since they paid for a service. But, if def does not show up, the bail is forfeited since he will owe the county the full bail 10k in our hypo. Hence why bondsman may go looking for def instead (Bounty Hunters) and they are not bound by 4th Amendment, etc. |
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Term
| Rule 529. Modification of Bail Order Prior to Verdict. |
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Definition
| Rule 529. Modification of Bail Order Prior to Verdict. (A) The issuing authority who is the magisterial district judge who was elected or assigned to preside over the jurisdiction where the crime occurred, upon request of the defendant or the attorney for the Commonwealth, or by the issuing authority sua sponte, and after notice to the defendant and the attorney for the Commonwealth and an opportunity to be heard, may modify a bail order at anytime before the preliminary hearing. (B) A bail order may be modified by an issuing authority at the preliminary hearing. (C) The existing bail order may be modified by a judge of the court of common pleas: (1) at any time prior to verdict upon motion of counsel for either party with notice to opposing counsel and after a hearing on the motion; or (2) at trial or at a pretrial hearing in open court on the record when all parties are present. (D) Once bail has been set or modified by a judge of the court of common pleas, it shall not be modified except (1) by a judge of a court of superior jurisdiction, or (2) by the same judge or by another judge of the court of common pleas either at trial or after notice to the parties and a hearing. (E) When bail is modified pursuant to this rule, the modification shall be explained to the defendant and stated in writing or on the record by the issuing authority or the judge. |
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Term
| Rule 521. Bail After Finding of Guilt. |
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Definition
Rule 521. Bail After Finding of Guilt. (A) BEFORE SENTENCING (1) Capital and Life Imprisonment Cases When a defendant is found guilty of an offense which is punishable by death or life imprisonment, the defendant shall not be released on bail. (2) Other Cases (a) The defendant shall have the same right to bail after verdict and before the imposition of sentence as the defendant had before verdict when the aggregate of possible sentences to imprisonment on all outstanding verdicts against the defendant within the same judicial district cannot exceed 3 years. (b) Except as provided in paragraph (A)(1), when the aggregate of possible sentences to imprisonment on all outstanding verdicts against the defendant within the same judicial district can exceed 3 years, the defendant shall have the same right to bail as before verdict unless the judge makes a finding: (i) that no one or more conditions of bail will reasonably ensure that the defendant will appear and comply with the conditions of the bail bond;or (ii) that the defendant poses a danger to any other person or to the community or to himself or herself. The judge may revoke or refuse to set bail based upon such a finding. (B) AFTER SENTENCING (1) When the sentence imposed includes imprisonment of less than 2 years, the defendant shall have the same right to bail as before verdict, unless the judge, pursuant to paragraph (D), modifies the bail order. (2) Except as provided in paragraph (A)(1), when the sentence imposed includes imprisonment of 2 years or more, the defendant shall not have the same right to bail as before verdict, but bail may be allowed in the discretion of the judge. (3) When the defendant is released on bail after sentencing, the judge shall require as a condition of release that the defendant either file a post-sentence
motion and perfect an appeal or, when no post-sentence motion is filed, perfect an appeal within the time permitted by law. (C) REASONS FOR REFUSING OR REVOKING BAIL Whenever bail is refused or revoked under this rule, the judge shall state on the record the reasons for this decision. (D) MODIFICATION OF BAIL ORDER AFTER VERDICT OR AFTER SENTENCING (1) When a defendant is eligible for release on bail after verdict or after sentencing pursuant to this rule, the existing bail order may be modified by a judge of the court of common pleas, upon the judge’s own motion or upon motion of counsel for either party with notice to opposing counsel, in open court on the record when all parties are present. (2) The decision whether to change the type of release on bail or what conditions of release to impose shall be based on the judge’s evaluation of the information about the defendant as it relates to the release criteria set forth in Rule 523. The judge shall also consider whether there is an increased likelihood of the defendant’s fleeing the jurisdiction or whether the defendant is a danger to any other person or to the community or to himself or herself. (3) The judge may change the type of release on bail, impose additional nonmonetary conditions as provided in Rule 527, or, if appropriate, impose or increase a monetary condition as provided in Rule 528. (E) MUNICIPAL COURT Bail after a finding of guilt in the Municipal Court of Philadelphia shall be governed by the rules set forth in Chapter 10. |
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Term
| Rule 536. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety. |
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Definition
Rule 536. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety. (A) SANCTIONS (1) Revocation of Release
(a) A person who violates a condition of the bail bond is subject to a revocation of release and/or a change in the conditions of the bail bond by the bail authority. (b) When a violation of a condition occurs, the bail authority may issue a bench warrant for the defendant’s arrest. When the bench warrant is executed, the bench warrant proceedings shall be conducted pursuant to Rule 150. (c) The bail authority also may order the defendant or the defendant’s surety to explain why the defendant’s release should not be revoked or why the conditions of release should not be changed. A copy of the order shall be served on the defendant and the defendant’s surety, if any. (d) When the bail authority changes the conditions of the bail bond and/or revokes the defendant’s release, the bail authority shall state in writing or on the record the reasons for so doing. (2) Forfeiture (a) When a monetary condition of release has been imposed and the defendant has violated a condition of the bail bond, the bail authority may order the cash or other security forfeited and shall state in writing or on the record the reasons for so doing. (b) Written notice of the forfeiture shall be given to the defendant and any surety, either personally or by both first class and certified mail at the defendant’s and the surety’s last known addresses. (c) The forfeiture shall not be executed until 20 days after notice of the forfeiture order. (d) The bail authority may direct that a forfeiture be set aside or remitted if justice does not require the full enforcement of the forfeiture order. (e) When a magisterial district judge orders bail forfeited pursuant to this rule, the magisterial district judge shall generate a check in the amount of the bail monies he or she has on deposit in the case, and shall send the check and a copy of the docket transcript to the clerk of courts for processing and disbursement as provided by law. (B) BAIL PIECES (1) A surety or bail agency may apply to the court for a bail piece. (2) If the court is satisfied that a bail piece is required, it may issue a bail piece authorizing the surety or bail agency to apprehend and detain the defendant, and to bring the defendant before the bail authority without unnecessary delay. (C) EXONERATION (1) A bail authority, in his or her discretion, may exonerate a surety who deposits cash in the amount of any forfeiture ordered or who surrenders the defendant in a timely manner. (2) When the conditions of the bail bond have been satisfied, or the forfeiture has been set aside or remitted, the bail authority shall exonerate the obligors and release any bail. |
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Term
| Rule 522. Detention of Witnesses. |
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Definition
| Rule 522. Detention of Witnesses. (A) After an accused has been arrested for any offense, upon application of the attorney for the Commonwealth or defense counsel, and subject to the provisions of this chapter, a court may set bail for any material witness named in the application. The application shall be supported by an affidavit setting forth adequate cause for the court to conclude that the witness will fail to appear when required if not held in custody or released on bail. Upon receipt of the application, the court may issue process to bring any named witnesses before it for the purpose of demanding bail. (B) If the material witness is unable to satisfy the conditions of the bail bond after having been given immediate and reasonable opportunity to do so, the court shall commit the witness to jail, provided that at any time thereafter and prior to the term of court for which the witness is being held, the court shall release the witness when the witness satisfies the conditions of the bail bond. (C) Upon application, a court may release a witness from custody with or without bond, or grant other appropriate relief. |
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Term
| Rule 542. Preliminary Hearing; Continuances. . |
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Definition
Rule 542. Preliminary Hearing; Continuances. (A) The attorney for the Commonwealth may appear at a preliminary hearing and: (1) assume charge of the prosecution; and (2) recommend to the issuing authority that the defendant be discharged or bound over to court according to law. (B) When no attorney appears on behalf of the Commonwealth at a preliminary hearing, the affiant may be permitted to ask questions of any witness who testifies. (C) The defendant shall be present at any preliminary hearing except as provided in these rules, and may: (1) be represented by counsel; (2) cross-examine witnesses and inspect physical evidence offered against the defendant; (3) call witnesses on the defendant’s behalf, other than witnesses to the defendant’s good reputation only; (4) offer evidence on the defendant’s own behalf, and testify; and (5) make written notes of the proceedings, or have counsel do so, or make a stenographic, mechanical, or electronic record of the proceedings. (D) At the preliminary hearing, the issuing authority shall determine from the evidence presented whether there is a prima facie case that (1) an offense has been committed and (2) the defendant has committed it. (E) Hearsay as provided by law shall be considered by the issuing authority in determining whether a prima facie case has been established. Hearsay evidence shall be sufficient to establish any element of an offense, including, but not limited to, those requiring proof of the ownership of, non-permitted use of, damage to, or value of property. (F) In any case in which a summary offense is joined with a misdemeanor, felony, or murder charge, the issuing authority shall not proceed on the summary offense except as provided in Rule 543(F). (G) CONTINUANCES (1) The issuing authority may, for cause shown, grant a continuance and shall note on the transcript every continuance together with: (a) the grounds for granting each continuance; (b) the identity of the party requesting such continuance; and (c) the new date, time, and place for the preliminary hearing, and the reasons that the particular date was chosen. When the preliminary hearing is conducted in the court of common pleas, the judge shall record the party to which the period of delay caused by the continuance shall be attributed and whether the time will be included in or excluded from the computation of the time within which trial must commence in accordance with Rule 600.
(2) The issuing authority shall give notice of the new date, time, and place for the preliminary hearing to the defendant, the defendant’s attorney of record, if any, and the attorney for the Commonwealth. (a) The notice shall be in writing. (b) Notice shall be served on the defendant either in person or by first class mail. (c) Notice shall be served on defendant’s attorney of record and the attorney for the Commonwealth either by personal delivery, or by leaving a copy for or mailing a copy to the attorneys at the attorneys’ offices. |
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Term
| Rule 541. Waiver of Preliminary Hearing. |
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Definition
Rule 541. Waiver of Preliminary Hearing. (A) The defendant who is represented by counsel may waive the preliminary hearing at the preliminary arraignment or at any time thereafter. (1) The defendant thereafter is precluded from raising the sufficiency of the Commonwealth’s prima facie case unless the parties have agreed at the time of the waiver that the defendant later may challenge the sufficiency. (2) If the defendant waives the preliminary hearing by way of an agreement, made in writing or on the record, and the agreement is not accomplished, the defendant may challenge the sufficiency of the Commonwealth’s prima facie case. (B) The defendant who is not represented by counsel at the preliminary arraignment may not at that time waive the preliminary hearing. (C) If the defendant waives the preliminary hearing and consents to be bound over to court, the defendant and defense attorney, if any, shall certify in writing that (1) the issuing authority told the defendant of the right to have a preliminary hearing, (2) when represented by counsel, the defendant understands that by waiving the right to have a preliminary hearing, he or she is thereafter precluded from raising challenges to the sufficiency of the prima facie case, and (3) the defendant voluntarily waives the hearing and consents to be bound over to court.
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(D) Once a preliminary hearing is waived and the case bound over to the court of common pleas, if the right to a preliminary hearing is subsequently reinstated, the preliminary hearing shall be held at the court of common pleas unless the parties agree, with the consent of the common pleas judge, that the preliminary hearing be held before the issuing authority. (E) When the defendant waives the preliminary hearing, the case shall proceed as provided in Rule 543(C). |
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Term
| Rule 544. Reinstituting Charges Following Withdrawal or Dismissal. |
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Definition
Rule 544. Reinstituting Charges Following Withdrawal or Dismissal. (A) When charges are dismissed or withdrawn at, or prior to, a preliminary hearing, or when a grand jury declines to indict and the complaint is dismissed, the attorney for the Commonwealth may reinstitute the charges by approving, in writing, the re-filing of a complaint with the issuing authority who dismissed or permitted the withdrawal of the charges. (B) Following the re-filing of a complaint pursuant to paragraph (A), if the attorney for the Commonwealth determines that the preliminary hearing should be conducted by a different issuing authority, the attorney shall file a Rule 132
motion with the clerk of courts requesting that the president judge, or a judge designated by the president judge, assign a different issuing authority to conduct the preliminary hearing. The motion shall set forth the reasons for requesting a different issuing authority. |
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Term
| Rule 546. Dismissal Upon Satisfaction or Agreement. |
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Definition
| Rule 546. Dismissal Upon Satisfaction or Agreement. When a defendant is charged in a case in which the most serious offense charged is a misdemeanor, the issuing authority may dismiss the case upon a showing that: (1) the public interest will not be adversely affected; (2) the attorney for the Commonwealth, or in cases in which there is no attorney for the Commonwealth present, the affiant, consents to the dismissal; (3) satisfaction has been made to the aggrieved person or there is an agreement that satisfaction will be made to the aggrieved person; and (4) there is an agreement as to who shall pay the costs. |
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Term
| Rule 501. Preservation of Testimony by Videotape Recording. |
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Definition
Rule 501. Preservation of Testimony by Videotape Recording. (A) When the testimony of a witness is taken and preserved pursuant to Rule 500 by means of videotape recording, the testimony shall be recorded simultaneously by a stenographer. (B) The following technical requirements shall be made part of the court order required by Rule 500(A) or the written agreement provided in Rule 500(B): (1) The videotape recording shall begin with a statement on camera that includes: (a) the operator’s name and business address; (b) the name and address of the operator’s employer; (c) the date, time, and place of the videotape recording; (d) the caption of the case;
(e) the name of the witness; (f) the party on whose behalf the witness is testifying; and (g) the nature of the judicial proceedings for which the testimony is intended. (2) The court and all parties shall identify themselves on camera. (3) The witness shall be sworn on camera. (4) If the length of the testimony requires the use of more than one videotape, the end of each videotape and the beginning of each succeeding videotape shall be announced on camera. (5) At the conclusion of the witness’ testimony, a statement shall be made on camera that the testimony is concluded. A statement shall also be made concerning the custody of the videotape(s). (6) Statements concerning stipulations, exhibits, or other pertinent matters may be made at any time on camera. (7) The videotape recording shall be timed by a digital clock on camera that continually shows the hour, minute, and second of the testimony. (8) All objections and the reasons for them shall be made on the record. When a judge presides over the videotaping of testimony, the judge’s rulings on objections shall also be made on the record. (9) When a judge does not preside over the videotaping of testimony, the videotape operator shall keep a log of each objection, referenced to the time each objection is made. All rulings on objections shall be made before the videotape is shown at any judicial proceeding. (10) The original videotape recording shall not be altered. |
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Term
| Rule 550. Pleas of Guilty Before Magisterial District Judge in Court Cases. |
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Definition
| Rule 550. Pleas of Guilty Before Magisterial District Judge in Court Cases. (A) In a court case in which a magisterial district judge is specifically empowered by statute to exercise jurisdiction, a defendant may plead guilty before a magisterial district judge at any time up to the completion of the preliminary hearing or the waiver thereof. (B) The magisterial district judge may refuse to accept a plea of guilty, and the magisterial district judge shall not accept such plea unless there has been a determination, after inquiry of the defendant, that the plea is voluntarily and understandingly tendered. (C) The plea shall be in writing: (1) signed by the defendant, with a representation by the defendant that the plea is entered knowingly, voluntarily, and intelligently; and (2) signed by the magisterial district judge, with a certification that the plea was accepted after a full inquiry of the defendant, and that the plea was made knowingly, voluntarily, and intelligently. (D) A defendant who enters a plea of guilty under this rule may, within 30 days after sentence, change the plea to not guilty by so notifying the magisterial district judge in writing. In such event, the magisterial district judge shall vacate the plea and judgment of sentence, and the case shall proceed in accordance with Rule 547, as though the defendant had been held for court. (E) Thirty days after the acceptance of the guilty plea and the imposition of sentence, the magisterial district judge shall certify the judgment, and shall forward the case to the clerk of courts of the judicial district for further proceedings. |
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Term
| Rule 122. Appointment of Counsel. |
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Definition
| Rule 122. Appointment of Counsel. (A) Counsel shall be appointed: (1) in all summary cases, for all defendants who are without financial resources or who are otherwise unable to employ counsel when there is a likelihood that imprisonment will be imposed; (2) in all court cases, prior to the preliminary hearing to all defendants who are without financial resources or who are otherwise unable to employ counsel; (3) in all cases, by the court, on its own motion, when the interests of justice require it. (B) When counsel is appointed, (1) the judge shall enter an order indicating the name, address, and phone number of the appointed counsel, and the order shall be served on the defendant, the appointed counsel, the previous attorney of record, if any, and the attorney for the Commonwealth pursuant to Rule 114 (Orders and Court Notices: Filing; Service; and Docket Entries); and (2) the appointment shall be effective until final judgment, including any proceedings upon direct appeal. (C) A motion for change of counsel by a defendant for whom counsel has been appointed shall not be granted except for substantial reasons. |
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Term
| Rule 121. Waiver of Counsel. |
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Definition
(A) GENERALLY. (1) The defendant may waive the right to be represented by counsel. (2) To ensure that the defendant’s waiver of the right to counsel is knowing, voluntary, and intelligent, the judge or issuing authority, at a minimum, shall elicit the following information from the defendant: (a) that the defendant understands that he or she has the right to be represented by counsel, and the right to have free counsel appointed if the defendant is indigent; (b) that the defendant understands the nature of the charges against the defendant and the elements of each of those charges; (c) that the defendant is aware of the permissible range of sentences and/or fines for the offenses charged;
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(d) that the defendant understands that if he or she waives the right to counsel, the defendant will still be bound by all the normal rules of procedure and that counsel would be familiar with these rules; (e) that the defendant understands that there are possible defenses to these charges that counsel might be aware of, and if these defenses are not raised at trial, they may be lost permanently; and (f) that the defendant understands that, in addition to defenses, the defendant has many rights that, if not timely asserted, may be lost permanently; and that if errors occur and are not timely objected to, or otherwise timely raised by the defendant, these errors may be lost permanently. (3) The judge or issuing authority may permit the attorney for the Commonwealth or defendant’s attorney to conduct the examination of the defendant pursuant to paragraph (A)(2). The judge or issuing authority shall be present during this examination. (B) PROCEEDINGS BEFORE AN ISSUING AUTHORITY. When the defendant seeks to waive the right to counsel in a summary case or for a preliminary hearing in a court case, the issuing authority shall ascertain from the defendant whether this is a knowing, voluntary, and intelligent waiver of counsel. In addition, the waiver shall be in writing, (1) signed by the defendant, with a representation that the defendant was told of the right to be represented and to have an attorney appointed if the defendant cannot afford one, and that the defendant chooses to act as his or her own attorney at the hearing or trial; and (2) signed by the issuing authority, with a certification that the defendant’s waiver was made knowingly, voluntarily, and intelligently. The waiver shall be made a part of the record. (C) PROCEEDINGS BEFORE A JUDGE. When the defendant seeks to waive the right to counsel after the preliminary hearing, the judge shall ascertain from the defendant, on the record, whether this is a knowing, voluntary, and intelligent waiver of counsel. (D) STANDBY COUNSEL. When the defendant’s waiver of counsel is accepted, standby counsel may be appointed for the defendant. Standby counsel shall attend the proceedings and shall be available to the defendant for consultation and advice |
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Term
| Rule 120. Attorneys—Appearances and Withdrawals. |
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Definition
Rule 120. Attorneys—Appearances and Withdrawals. (A) ENTRY OF APPEARANCE (1) Counsel for defendant shall file an entry of appearance with the clerk of courts promptly after being retained, and serve a copy of the entry of appearance on the attorney for the Commonwealth. (a) If a firm name is entered, the name of an individual lawyer shall be designated as being responsible for the conduct of the case. (b) The entry of appearance shall include the attorney’s address, phone number, and attorney ID number. (2) When counsel is appointed pursuant to Rule 122 (Appointment of Counsel), the filing of the appointment order shall enter the appearance of appointed counsel. (3) Counsel shall not be permitted to represent a defendant following a preliminary hearing unless an entry of appearance is filed with the clerk of courts.
(4) An attorney who has been retained or appointed by the court shall continue such representation through direct appeal or until granted leave to withdraw by the court pursuant to paragraph (B). (B) WITHDRAWAL OF APPEARANCE (1) Counsel for a defendant may not withdraw his or her appearance except by leave of court. (2) A motion to withdraw shall be: (a) filed with the clerk of courts, and a copy concurrently served on the attorney for the Commonwealth and the defendant; or (b) made orally on the record in open court in the presence of the defendant. (3) Upon granting leave to withdraw, the court shall determine whether new counsel is entering an appearance, new counsel is being appointed to represent the defendant, or the defendant is proceeding without counsel. |
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Term
| Rule 310. Motion for Accelerated Rehabilitative Disposition. |
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Definition
| Rule 310. Motion for Accelerated Rehabilitative Disposition. After criminal proceedings in a court case have been instituted, the attorney for the Commonwealth may move, before a judge empowered to try court cases, that the case be considered for accelerated rehabilitative disposition. |
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Term
| Rule 311. Application Process and Notice of Motion by Attorney for the Commonweatlh. |
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Definition
| Rule 311. Application Process and Notice of Motion by Attorney for the Commonweatlh. (A) When accelerated rehabilitative disposition proceedings are initiated, the attorney for the Commonwealth shall advise the defendant and the defendant’s attorney of the attorney for the Commonwealth’s intention to present the case to an appropriate judge. Notice of the proceedings shall be given also to any victim or victims of the offense charged. (B) Information or statements supplied by the defendant to the attorney for the Commonwealth in an ARD application shall not be used against the defendant for any purpose in any criminal proceedings except a prosecution based on the falsity of the information or statement supplied. |
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Term
| Rule 312. Hearing, Explanation of Program. |
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Definition
| Rule 312. Hearing, Explanation of Program. Hearing on a motion for accelerated rehabilitative disposition shall be in open court in the presence of the defendant, the defendant’s attorney, the attorney for the Commonwealth, and any victims who attend. At such hearing, it shall be ascertained on the record whether the defendant understands that: (1) acceptance into and satisfactory completion of the accelerated rehabilitative disposition program offers the defendant an opportunity to earn a dismissal of the pending charges; (2) should the defendant fail to complete the program, the defendant waives the appropriate statute of limitations and the defendant’s right to a speedy trial under any applicable Federal or State constitutional provisions, statutes or rules of court during the period of enrollment in the program. |
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Term
| Rule 313. Hearing, Manner of Proceeding. |
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Definition
| Rule 313. Hearing, Manner of Proceeding. (A) When the defendant, with the advice and agreement of the defendant’s attorney, indicates understanding of these proceedings, requests acceptance into the program, and agrees to the terms set forth in Rule 312, the stenographer shall close the record. (B) The judge thereupon shall hear the facts of the case as presented by the attorney for the Commonwealth, and such information as the defendant or the defendant’s attorney may present, and shall hear from any victim present. No statement presented by the defendant shall be used against the defendant for any purpose in any criminal proceeding except a prosecution based on the falsity of the information or statement supplied. (C) After hearing the facts of the case, if the judge believes that it warrants accelerated rehabilitative disposition, the judge shall order the stenographer to reopen the record and shall state to the parties the conditions of the program. If the judge does not accept the case for accelerated rehabilitative disposition, the judge shall order that the case proceed on the charges as provided by law. No appeal shall be allowed from such order. (D) After the stenographer reopens the record, the defendant shall thereupon state to the judge whether the defendant accepts the conditions and agrees to comply. If the statement is in the affirmative, the judge may grant the motion for accelerated rehabilitative disposition and shall enter an appropriate order as set forth in Rules 314 and 315. If the defendant answers in the negative, the judge shall proceed as set forth in Rule 317. (E) Upon the judge’s granting of the motion for accelerated rehabilitative disposition, bail shall be terminated, and any money or other form of security deposited shall be returned in accordance with the rules pertaining to bail. |
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Term
| Rule 314. Deferring Action Upon Admission to Program Before Information. |
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Definition
| Rule 314. Deferring Action Upon Admission to Program Before Information. When a defendant is accepted into the program of accelerated rehabilitative disposition before the filing of an information, the judge shall order that no information shall be filed with the court on the charges contained in the transcript during the term of the program. |
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Term
| Rule 315. Deferring Adjudication of the Charges Upon Admission to Program After Information. |
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Definition
| Rule 315. Deferring Adjudication of the Charges Upon Admission to Program After Information. When a defendant is accepted into the program of accelerated rehabilitative disposition after the filing of an information, the judge shall order that further proceedings on the charges shall be postponed during the term of the program. |
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Term
| Rule 316. Conditions of the Program. |
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Definition
| Rule 316. Conditions of the Program. (A) The conditions of the program may be such as may be imposed with respect to probation after conviction of a crime, including restitution, except that a fine may not be imposed. In addition, the conditions of the program may include the imposition of costs, the imposition of a reasonable charge relating to the expense of administering the program, and such other conditions as may be agreed to by the parties. (B) The period of such program for any defendant shall not exceed two years. |
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Term
| Rule 317. Procedure Upon Refusal to Accept The Conditions. |
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Definition
| Rule 317. Procedure Upon Refusal to Accept The Conditions. If a defendant refuses to accept the conditions required by the judge, the judge shall deny the motion for accelerated rehabilitative disposition. In such event, the case shall proceed in the same manner as if these proceedings had not taken place. |
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Term
| Rule 318. Procedure on Charge of Violation of Conditions. |
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Definition
| Rule 318. Procedure on Charge of Violation of Conditions. (A) If the attorney for the Commonwealth files a motion alleging that the defendant during the period of the program has violated a condition thereof, or objects to the defendant’s request for an order of discharge, the judge who entered the order for ARD may issue such process as is necessary to bring the defendant before the court. (B) A motion alleging such violation filed pursuant to paragraph (A) must be filed during the period of the program or, if filed thereafter, must be filed within a reasonable time after the alleged violation was committed. (C) When the defendant is brought before the court, the judge shall afford the defendant an opportunity to be heard. If the judge finds that the defendant has committed a violation of a condition of the program, the judge may order, when appropriate, that the program be terminated, and that the attorney for the Commonwealth shall proceed on the charges as provided by law. No appeal shall be allowed from such order. |
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Term
| Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. |
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Definition
| Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. When the defendant shall have completed satisfactorily the program prescribed and complied with its conditions, the defendant may move the court for an order dismissing the charges. This motion shall be supported by affidavit of the defendant and by certification of the agency or person charged with supervising the defendant’s program, if any. A copy of the motion shall be served on the attorney for the Commonwealth who shall within 30 days after service advise the judge of any objections to the motion, serving a copy of such objections on the defendant or the defendant’s attorney. If there are no objections filed within the 30-day period, the judge shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the judge shall proceed as set forth in Rule 318. |
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Term
| Rule 320. Expungment Upon Successful Completion of ARD Program. |
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Definition
| Rule 320. Expungment Upon Successful Completion of ARD Program. (A) When the judge orders the dismissal of the charges against the defendant, the judge also shall order the expungement of the defendant’s arrest record, subject to the provisions of paragraph (B). The expungement order shall contain the same information that is required in Rule 490(C) in summary cases and Rule 790(C) in court cases. (B) If the attorney for the Commonwealth objects to the automatic expungement, the objections shall be filed with the judge, together with the objections to dismissal, if any, within 30 days after service of a motion for dismissal under Rule 319, and copies of the objections shall be served on the defendant or the defendant’s attorney. (C) If the objections are filed, the judge shall hold a hearing on the objections, affording all parties an opportunity to be heard. |
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Term
| Rule 585. Nolle Prosequi. |
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Definition
| Rule 585. Nolle Prosequi. (A) Upon motion of the attorney for the Commonwealth, the court may, in open court, order a nolle prosequi of one or more charges notwithstanding the objection of any person. (B) Upon a nolle prosequi, costs may be imposed as the court may direct. |
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Term
| Rule 586. Court Dismissal Upon Satisfaction or Agreement. |
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Definition
| Rule 586. Court Dismissal Upon Satisfaction or Agreement. When a defendant is charged with an offense which is not alleged to have been committed by force or violence or threat thereof, the court may order the case to be dismissed upon motion and a showing that: (1) the public interest will not be adversely affected; and (2) the attorney for the Commonwealth consents to the dismissal; and (3) satisfaction has been made to the aggrieved person or there is an agreement that satisfaction will be made to the aggrieved person; and (4) there is an agreement as to who shall pay the costs. |
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Term
| Rule 587. Motion for Dismissal. |
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Definition
| Rule 587. Motion for Dismissal. (A) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice. (2) The attorney for the Commonwealth shall be afforded an opportunity to respond. (B) Double Jeopardy. (1) A motion to dismiss on double jeopardy grounds shall state specifically and with particularity the basis for the claim of double jeopardy and the facts that support the claim. (2) A hearing on the motion shall be scheduled in accordance with Rule 577 (Procedures Following Filing of Motion). The hearing shall be conducted on the record in open court. (3) At the conclusion of the hearing, the judge shall enter on the record a statement of findings of fact and conclusions of law and shall issue an order granting or denying the motion. (4) In a case in which the judge denies the motion, the findings of fact shall include a specific finding as to frivolousness. (5) If the judge makes a finding that the motion is frivolous, the judge shall advise the defendant on the record that a defendant has a right to file a petition for review of that determination pursuant to Rule of Appellate Procedure 1573 within 30 days of the order denying the motion. (6) If the judge denies the motion but does not find it frivolous, the judge shall advise the defendant on the record that the denial is immediately appealable as a collateral order. |
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Term
| Rule 588. Motion for Return of Property. |
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Definition
Rule 588. Motion for Return of Property. (A) A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to lawful possession thereof. Such motion shall be filed in the court of common pleas for the judicial district in which the property was seized. (B) The judge hearing such motion shall receive evidence on any issue of fact necessary to the decision thereon. If the motion is granted, the property shall be
restored unless the court determines that such property is contraband, in which case the court may order the property to be forfeited. (C) A motion to suppress evidence under Rule 581 may be joined with a motion under this rule. |
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Term
| Rule 589. Pretrial Disposition of Summary Offenses Joined with Misdemeanor, Felony, or Murder Charges. |
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Definition
| Rule 589. Pretrial Disposition of Summary Offenses Joined with Misdemeanor, Felony, or Murder Charges. (A) In any case in which a summary offense is joined with a misdemeanor, felony, or murder charge, and therefore is part of the court case, when there is a dismissal of all misdemeanor, felony, and murder charges, unless the Commonwealth appeals the disposition, the trial judge shall dispose of the summary offense. (B) In any case in which all the misdemeanor, felony, and murder charges are withdrawn pursuant to Rule 561, any remaining summary offenses shall be disposed of in the court of common pleas. |
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Term
| Rule 503. Complaint Procedure Generally. |
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Definition
| Rule 503. Complaint Procedure Generally. In every court case a complaint shall be filed with the appropriate issuing authority. |
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Term
| Rule 504. Contents of Complaint. |
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Definition
| Rule 504. Contents of Complaint. Every complaint shall contain: (1) the name of the affiant; (2) the name and address of the defendant, or if unknown, a description of the defendant as nearly as may be; (3) a direct accusation to the best of the affiant’s knowledge, or information and belief, that the defendant violated the penal laws of the Commonwealth of Pennsylvania; (4) the date when the offense is alleged to have been committed; provided, however: (a) if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and (b) if the date or day of the week is an essential element of the offense charged, such date or day must be specifically set forth; (5) the place where the offense is alleged to have been committed; (6) (a) in a court case, a summary of the facts sufficient to advise the defendant of the nature of the offense charged, but neither the evidence nor the statute allegedly violated need be cited in the complaint. However, a citation of the statute allegedly violated, by itself, shall not be sufficient for compliance with this subsection; or (b) in a summary case, a citation of the specific section and subsection of the statute or ordinance allegedly violated, together with a summary of the facts sufficient to advise the defendant of the nature of the offense charged; (7) a statement that the acts of the defendant were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision; (8) a notation if criminal laboratory services are requested in the case; (9) a notation that the defendant has or has not been fingerprinted; (10) a request for the issuance of a warrant of arrest or a summons, unless an arrest has already been effected; (11) a verification by the affiant that the facts set forth in the complaint are true and correct to the affiant’s personal knowledge, or information and belief, and that any false statements therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities; and (12) the signature of the affiant and the date of the execution of the complaint. |
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Term
| Rule 505. Complaints: Joinder of Offenses and Defendants. |
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Definition
| Rule 505. Complaints: Joinder of Offenses and Defendants. (A) When more than one person is alleged to have participated in the commission of an offense, the issuing authority shall accept a complaint for each person charged. Each complaint shall contain the names of all persons alleged to have participated in the commission of the offense and shall contain a reference to the docket number of the complaints issued for the other alleged participants. Such complaints may be consolidated for hearing or such further action as may be required, and where complaints are consolidated, additional costs shall not be taxed as a result of the acceptance of separate complaints. (B) When more than one offense is alleged to have been committed by one person arising from the same incident, the issuing authority shall accept only one complaint, and shall docket the matter as a single case. (C) Upon application by any interested person and proof that any provision of paragraphs (A) or (B) was violated, a judge may order forfeiture of all additional costs of the issuing authority accrued by reason of such violation, and thereafter such costs shall not be taxed in the case. |
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Term
| Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth—Local Option. |
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Definition
| See Rule in Book (contains form) |
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Term
| Rule 508. Procedure Following Submission of Complaint to Issuing Authority. |
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Definition
| Rule 508. Procedure Following Submission of Complaint to Issuing Authority. (A) Before accepting a complaint for filing, the issuing authority shall ascertain and certify on the complaint that: (1) the complaint has been properly completed and executed; and (2) when prior submission to an attorney for the Commonwealth is required, an attorney has approved the complaint. (B) Upon certification of the above matters, the issuing authority shall accept the complaint for filing, and the case shall proceed as otherwise provided in these rules. |
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Term
| Rule 514. Duplicate and Reissued Warrants of Arrest. |
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Definition
| Rule 514. Duplicate and Reissued Warrants of Arrest. (A) When a warrant of arrest has been issued and it appears necessary or desirable to issue duplicates thereof for execution, the issuing authority may issue any number of duplicates. Each duplicate shall have the same force and effect as the original. Costs may be taxed only for one such warrant and only one service fee shall be charged. (B) After service and execution of an original or duplicate warrant, the issuing authority may reissue the warrant if the purpose for which the original or duplicate has been issued has not been accomplished. |
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Term
| Rule 518. Using Advanced Communication Technology in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. |
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Definition
Rule 518. Using Advanced Communication Technology in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. (A) When a defendant has been arrested in a court case, with a warrant, outside the judicial district where the warrant of arrest was issued, the defendant may be taken for a preliminary arraignment or the posting of bail to an advanced communication technology site that, in the judgment of the arresting officer, is most convenient to the place of arrest without regard to the boundary of any magisterial district or judicial district; and (1) the defendant must be taken to the advanced communication technology site without unnecessary delay. (2) The preliminary arraignment may be conducted pursuant to Rule 540 by the proper issuing authority in the magisterial district or judicial district in which the warrant was issued; or
(3) the defendant may post bail as permitted by law with the proper issuing authority in the judicial district in which the defendant was arrested. (B) If a preliminary arraignment is conducted pursuant to paragraph (A)(2), and the defendant does not post bail, the issuing authority who conducted the preliminary arraignment shall commit the defendant to the jail in the judicial district in which the defendant was arrested or the judicial district in which the warrant was issued. (1) The issuing authority may transmit to the jail any required documents by using advanced communication technology. (2) When a monetary condition of bail is set by the issuing authority who conducted the preliminary arraignment, the payment of the monetary condition shall be made to either the issuing authority who imposed the monetary condition or the proper issuing authority in the judicial district in which the defendant was arrested. (C) Pursuant to paragraph (A)(3), when the defendant appears via advanced communication technology before the proper issuing authority in the judicial district in which the defendant was arrested, the procedures set forth in Rule 517 shall be followed. |
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Term
| Rule 519. Procedure in Court Cases Initiated by Arrest Without Warrant. |
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Definition
| Rule 519. Procedure in Court Cases Initiated by Arrest Without Warrant. (A) PRELIMINARY ARRAIGNMENT (1) Except as provided in paragraph (B), when a defendant has been arrested without a warrant in a court case, a complaint shall be filed against the defendant and the defendant shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. (2) When a preliminary arraignment is conducted by advanced communication technology pursuant to Rule 540(A), the defendant shall be taken to an advanced communication technology site that, in the judgment of the arresting officer, is most convenient to the place of arrest without regard to the boundary of any magisterial district or judicial district. (B) RELEASE (1) The arresting officer shall promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met: (a) the most serious offense charged is a misdemeanor of the second degree or a misdemeanor of the first degree in cases arising under 75 Pa.C.S. 3802; (b) the defendant poses no threat of immediate physical harm to any other person or to himself or herself; and (c) the arresting officer has reasonable grounds to believe that the defendant will appear as required. (2) When a defendant is released pursuant to paragraph (B)(1), a complaint shall be filed against the defendant within 5 days of the defendant’s release. Thereafter, the issuing authority shall issue a summons, not a warrant of arrest, and shall proceed as provided in Rule 510. |
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Term
| Rule 543. Disposition of Case at Preliminary Hearing. |
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Definition
Rule 543. Disposition of Case at Preliminary Hearing. (A) At the conclusion of the preliminary hearing, the decision of the issuing authority shall be publicly pronounced. (B) If the issuing authority finds that the Commonwealth has established a prima facie case that an offense has been committed and the defendant has committed it, the issuing authority shall hold the defendant for court on the offense(s)
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on which the Commonwealth established a prima facie case. If there is no offense for which a prima facie case has been established, the issuing authority shall discharge the defendant. (C) When the defendant has appeared and has been held for court, the issuing authority shall: (1) set bail as permitted by law if the defendant did not receive a preliminary arraignment; or (2) continue the existing bail order, unless the issuing authority modifies the order as permitted by Rule 529(A); (3) if the defendant has not submitted to the administrative processing and identification procedures as authorized by law, such as fingerprinting pursuant to Rule 510(C)(2), make compliance with these processing procedures a condition of bail; and (4) advise the defendant that, if the defendant fails to appear without cause at any proceeding for which the defendant’s presence is required, including the trial, the defendant’s absence may be deedmed a waiver of the right to be present, and the proceeding may be conducted in the defendant’s absence. (D) In any case in which the defendant fails to appear for the preliminary hearing: (1) if the issuing authority finds that the defendant did not receive notice of the preliminary hearing by a summons served pursuant to Rule 511, a warrant of arrest shall be issued pursuant to Rule 509(2)(d). (2) If the issuing authority finds that there was cause explaining the defendant’s failure to appear, the issuing authority shall continue the preliminary hearing to a specific date and time, and shall give notice of the new date, time, and place as provided in Rule 542(G)(2). The issuing authority shall not issue a bench warrant. (3) If the issuing authority finds that the defendant’s absence is without cause and after notice, the absence shall be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority. (a) In these cases, the issuing authority shall proceed with the case in the same manner as though the defendant were present. (b) If the preliminary hearing is conducted and the case held for court, the issuing authority shall (i) give the defendant notice by first class mail of the results of the preliminary hearing and that a bench warrant has been requested; and (ii) pursuant to Rule 547, transmit the transcript to the clerk of courts with a request that a bench warrant be issued by the court of common pleas and, if the defendant has not complied with the fingerprint order issued pursuant to Rule 510(C)(2), with a notice to the court of common pleas of the defendant’s noncompliance.
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(c) If the preliminary hearing is conducted and the case is dismissed, the issuing authority shall give the defendant notice by first class mail of the results of the preliminary hearing. (d) If a continuance is granted, the issuing authority shall give the parties notice of the new date, time, and place as provided in Rule 542(G)(2), and may issue a bench warrant. If a bench warrant is issued and the warrant remains unserved for the continuation of the preliminary hearing, the issuing authority shall vacate the bench warrant. The case shall proceed as provided in paragraphs (D)(3)(b) or (c). (E) If the Commonwealth does not establish a prima facie case of the defendant’s guilt, and no application for a continuance is made and there is no reason for a continuance, the issuing authority shall dismiss the complaint. (F) In any case in which a summary offense is joined with misdemeanor, felony, or murder charges: (1) If the Commonwealth establishes a prima facie case pursuant to paragraph (B), the issuing authority shall not adjudicate or dispose of the summary offenses, but shall forward the summary offenses to the court of common pleas with the charges held for court. (2) If the Commonwealth does not establish a prima facie case pursuant to paragraph (B), upon the request of the Commonwealth, the issuing authority shall dispose of the summary offense as provided in Rule 454 (Trial In Summary Cases). (3) If the Commonwealth withdraws all the misdemeanor, felony, and murder charges, the issuing authority shall dispose of the summary offense as provided in Rule 454 (Trial In Summary Cases). (G) Except as provided in Rule 541(D), once a case is bound over to the court of common pleas, the case shall not be remanded to the issuing authority. |
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Term
| Rule 545. Witnesses: Compulsory Process. |
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Definition
| Rule 545. Witnesses: Compulsory Process. (A) The issuing authority shall issue such process as may be necessary for the summoning of witnesses for the Commonwealth or the defendant. (B) Persons shall not be permitted to testify at a preliminary hearing without first being duly sworn or affirmed according to law. |
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Term
| Rule 547. Return of Transcript and Original Papers. |
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Definition
Rule 547. Return of Transcript and Original Papers. (A) When a defendant is held for court, or after the issuing authority receives notice that the case will be presented to the indicting grand jury and closes out the case, the issuing authority shall prepare a transcript of the proceedings. The transcript shall contain all the information required by these rules to be recorded on the transcript. It shall be signed by the issuing authority, and have affixed to it the issuing authority’s seal of office. (B) The issuing authority shall transmit the transcript to the clerk of the proper court within 5 days after holding the defendant for court or after closing out the case upon receipt of the notice that the case will be presented to the indicting grand jury. (C) In addition to this transcript the issuing authority also shall transmit the following items: (1) the original complaint; (2) the summons or the warrant of arrest and its return;
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(3) all affidavits filed in the proceeding; (4) the appearance or bail bond for the defendant, if any, or a copy of the order committing the defendant to custody; (5) a request for the court of common pleas to issue a bench warrant as required in Rule 543(D)(3)(b); (6) notice informing the court of common pleas that the defendant has failed to comply with the fingerprint order as required in Rule 543(D)(3)(b)(ii); and (7) a copy of the notice that the case will be presented to the indicting grand jury. |
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Term
| Rule 548. Amendment of Transcript in Court Cases. |
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Definition
| Rule 548. Amendment of Transcript in Court Cases. The issuing authority may make any proper amendments, additions, or corrections to the transcript before it is returned to court. After the transcript has been returned, amendments, additions, or corrections can be made to the transcript only upon application filed and permission granted by the court, and only to perfect the record to conform to the facts of the case. |
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Term
| Rule 549. Compelling Transmission of Papers by Issuing Authority. |
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Definition
| Rule 549. Compelling Transmission of Papers by Issuing Authority. If an issuing authority refuses or fails to transmit the papers as required by these rules, the court may issue a subpoena to compel their production. |
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Term
| Rule 551. Withdrawal of Charges Pending Before Issuing Authority. |
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Definition
| Rule 551. Withdrawal of Charges Pending Before Issuing Authority. In any court case pending before an issuing authority, the attorney for the Commonwealth, or his or her designee, may withdraw one or more of the charges. The withdrawal shall be in writing. |
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Term
| Rule 524. Types of Release on Bail. |
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Definition
Rule 524. Types of Release on Bail. (A) If bail is set pursuant to Rule 520, the defendant shall be eligible for the following types of release on bail. The bail authority, after considering the release criteria in Rule 523, shall determine the type or combination of types of release on bail reasonably necessary, in the bail authority’s discretion, to ensure that the defendant will appear at all subsequent proceedings and comply with the conditions of the bail bond. (B) All of the types of release in paragraph (C) shall be conditioned upon the defendant’s written agreement to appear and to comply with the conditions of the bail bond set forth in Rule 526(A). (C) The types of release on bail are: (1) Release On Recognizance (ROR): Release conditioned only upon the defendant’s written agreement to appear when required and to comply with the conditions of the bail bond in Rule 526(A). (2) Release on Nonmonetary Conditions: Release conditioned upon the defendant’s agreement to comply with any nonmonetary conditions, as set forth
in Rule 527, which the bail authority determines are reasonably necessary to ensure the defendant’s appearance and compliance with the conditions of the bail bond. (3) Release on Unsecured Bail Bond: Release conditioned upon the defendant’s written agreement to be liable for a fixed sum of money if he or she fails to appear as required or fails to comply with the conditions of the bail bond. No money or other form of security is deposited. (4) Release on Nominal Bail: Release conditioned upon the defendant’s depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant’s release, such as $1.00, and the agreement of a designated person, organization, or bail agency to act as surety for the defendant. (5) Release on a Monetary Condition: Release conditioned upon the defendant’s compliance with a monetary condition imposed pursuant to Rule 528. The amount of the monetary condition shall not be greater than is necessary to reasonably ensure the defendant’s appearance and compliance with the conditions of the bail bond. |
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Term
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Definition
| Rule 525. Bail Bond. (A) A bail bond is a document whereby the defendant agrees that while at liberty after being released on bail, he or she will appear at all subsequent proceedings as required and comply with all the conditions of the bail bond. (B) At the time the bail is set, the bail authority shall (1) have the bail bond prepared; and (2) sign the bail bond verifying the conditions the bail authority imposed. (C) If the defendant is unable to post bail at the time bail is set, when the bail authority commits the defendant to jail, he or she shall send the prepared and verified bail bond and the other necessary paperwork with the defendant to the place of incarcertation. (D) When the defendant is going to be released, the defendant, and, when applicable, one or more sureties, shall sign the bail bond. The official who releases the defendant also shall sign the bail bond witnessing the defendant’s signature. (E) The bail bond shall set forth the type or combination of types of release, the conditions of release ordered by the bail authority, the conditions of the bail bond set forth in Rule 526(A), and the consequences of failing to appear or failing to comply with all the conditions of the bail bond. (F) The defendant shall not be released until he or she signs the bail bond. (G) After the defendant signs the bail bond, a copy of the bail bond shall be given to the defendant, and the original shall be included in the record. |
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Term
| Rule 527. Nonmonetary Conditions of Release on Bail. |
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Definition
| Rule 527. Nonmonetary Conditions of Release on Bail. (A) When the bail authority determines that, in addition to the conditions of the bail bond required in every case pursuant to Rule 526(A), nonmonetary conditions of release on bail are necessary, the categories of nonmonetary conditions that the bail authority may impose are: (1) reporting requirements; (2) restrictions on the defendant’s travel; and/or (3) any other appropriate conditions designed to ensure the defendant’s appearance and compliance with the conditions of the bail bond. (B) The bail authority shall state with specificity on the bail bond any nonmonetary conditions imposed pursuant to this rule. |
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Term
| Rule 530. Duties and Powers of a Bail Agency. |
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Definition
| Rule 530. Duties and Powers of a Bail Agency. (A) Each court of common pleas may, by local rule, establish or designate a bail agency to monitor and assist defendants released on bail pursuant to these rules. The duties and powers of the agency shall include the following: (1) gathering information about defendants relevant to bail decisions; (2) making recommendations to the bail authorities concerning the types of release and the conditions of release on bail for individual defendants; (3) supervising defendants when so designated by the bail authority; (4) administering percentage cash bail when authorized by a bail authority pursuant to Rule 528, and evaluating for the bail authority the reliability and solvency of prospective sureties for percentage cash bail programs; and (5) making reasonable rules and regulations to implement the bail agency’s functions. |
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Term
| Rule 531. Qualifications of Surety. |
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Definition
Rule 531. Qualifications of Surety. (A) Subject to any additional requirements prescribed by local rule of court, the following shall be qualified to act as sureties: (1) owners of cash or securities as provided in Rule 528;
(2) owners of realty located in the Commonwealth as provided in Rule 528(D)(3), or owners of realty located outside the Commonwealth but within the United States as provided in Rule 528(D)(4), provided that satisfactory evidence of ownership or special approval of the court is obtained; (3) surety companies approved by the court and authorized to do business in the Commonwealth of Pennsylvania; (4) professional bondsmen licensed under the Judicial Code, 42 Pa.C.S. §§ 5741—5749; (5) for percentage cash bail only, the defendant or any private individual or organization. (B) No attorney, or spouse or employee of any attorney, shall be permitted to become a surety for a client of the attorney or for a client of the attorney’s office. (C) No sheriff, employee of a sheriff, tipstaff, other employee, or official of the courts or issuing authorities of any judicial district shall be permitted to become a surety unless the defendant is a member of that person’s immediate family. (D) No person who is named in any current official list of undesirable bondsmen shall be permitted to become a surety in any case. |
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Term
| Rule 532. Substitution of Surety or Security. |
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Definition
| Rule 532. Substitution of Surety or Security. The defendant or the defendant’s surety, with the approval of the bail authority, may at any time substitute another surety or another form of security. Upon substitution of the form of security, the original security shall be returned to the depositor. |
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Term
| Rule 533. Increased Amount of Monetary Condition of Bail. |
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Definition
| Rule 533. Increased Amount of Monetary Condition of Bail. When the amount of a monetary condition of bail is increased, the original amount shall remain in effect and additional cash or other form of security shall be required only for the amount of the increase. |
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Term
| Rule 534. Duration of Obligation. |
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Definition
| Rule 534. Duration of Obligation. Unless bail is revoked, a bail bond shall be valid until the full and final disposition of the case, including all avenues of direct appeal to the Supreme Court of Pennsylvania. |
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Term
| Rule 535. Receipt for Deposit; Return or Retention of Deposit. |
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Definition
Rule 535. Receipt for Deposit; Return or Retention of Deposit. (A) Any deposit of cash in satisfaction of a monetary condition of bail shall be given to the issuing authority, the clerk of courts, or another official designated by the president judge by local rule pursuant to Rule 117(C). The issuing authority, clerk, or other official who accepts the deposit shall give the depositor an itemized receipt, and shall note on the bail bond the amount deposited and the name of the person who made the deposit. The defendant shall sign the bail bond, and be given a copy of the signed bail bond.
(1) When the issuing authority accepts a deposit of bail, the issuing authority shall note on the docket transcript the amount deposited and the name of the person who made the deposit. The issuing authority shall have the deposit, the docket transcript, and a copy of the bail bond delivered to the clerk of courts. (2) When another official is designated by the president judge to accept a bail deposit, that official shall deliver the deposit and the bail bond to either the issuing authority, who shall proceed as provided in paragraph (A)(1), or the clerk of courts, who shall proceed as provided in paragraph (A)(3). (3) When the clerk of courts accepts the deposit, the clerk shall note in the list of docket entries the amount deposited and the name of the person who made the deposit, and shall place the bail bond in the criminal case file. (B) When the deposit is the percentage cash bail authorized by Rule 528, the depositor shall be notified that by signing the bail bond, the depositor becomes a surety for the defendant and is liable for the full amount of the monetary condition in the event the defendant fails to appear or comply as required by these rules and that, if the defendant is the named depositor, the amount otherwise returnable may be used to pay and satisfy any outstanding restitution, fees, fines, and costs owed by the defendant as a result of a sentence imposed in the court case for which the deposit is being made. (C) The clerk of courts shall place all cash bail deposits in a bank or other depository approved by the court and shall keep records of all deposits. (D) Unless a motion is filed pursuant to paragraph (E), within 20 days of the full and final disposition of the case, the deposit shall be returned to the depositor, less any bail-related fees or commissions authorized by law, and the reasonable costs, if any, of administering the percentage cash bail program. (E) In any case in which the defendant is the named depositor, upon the full and final disposition of the case, the court may order, upon motion of the attorney for the Commonwealth, that any money deposited pursuant to this rule by or on behalf of the defendant that is otherwise returnable to the defendant be held and applied to the payment of any restitution, fees, fines, and costs imposed upon the defendant in the case for which the deposit had been made, unless the defendant shows that he or she would suffer an undue hardship. (F) When a case is transferred pursuant to Rule 130(B) or Rule 555, the full deposit shall be promptly forwarded to the transfer judicial district, together with any bail-related fees, commissions, or costs paid by the depositor. |
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Term
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Definition
Rule 571. Arraignment. (A) Except as otherwise provided in paragraph (D), arraignment shall be in such form and manner as provided by local court rule. Notice of arraignment shall be given to the defendant as provided in Rule 114 or by first class mail. Unless otherwise provided by local court rule, or postponed by the court for cause shown, arraignment shall take place no later than 10 days after the information has been filed. (B) In the discretion of the court, the arraignment of the defendant may be conducted by using two-way simultaneous audio-visual communication. When the counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and during the arraignment. (C) At arraignment, the defendant shall be advised: (1) of the right to be represented by counsel; (2) of the nature of the charges contained in the information; (3) of the right to file motions, including a Request for a Bill of Particulars, a Motion for Pretrial Discovery and Inspection, a Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings Pursuant to 42 Pa.C.S. § 6322, and an Omnibus Pretrial Motion, and the time limits within which the motions must be filed; and. (4) if the defendant fails to appear without cause at any proceeding for which the defendant’s presence is required, including trial, that the defendant’s absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in the defendant’s absence. If the defendant or counsel has not received a copy of the information(s) pursuant to Rule 562, a copy thereof shall be provided. (D) A defendant may waive appearance at arraignment if the following requirements are met:
(1) the defendant is represented by counsel of record and counsel concurs in the waiver; and (2) the defendant and counsel sign and file with the clerk of courts a waiver of appearance at arraignment that acknowledges the defendant: (a) understands the nature of the charges; (b) understands the rights and requirements contained in paragraph (C) of this rule; and (c) waives his or her right to appear for arraignment. |
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Term
| Rule 573. Pretrial Discovery and Inspection. |
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Definition
Rule 573. Pretrial Discovery and Inspection. (A) INFORMAL Before any disclosure or discovery can be sought under these rules by either party, counsel for the parties shall make a good faith effort to resolve all questions of discovery, and to provide information required or requested under these rules as to which there is no dispute. When there are items requested by one party which the other party has refused to disclose, the demanding party may make appropriate motion. Such motion shall be made within 14 days after arraignment, unless the time for filing is extended by the court. In such motion the party must set forth the fact that a good faith effort to discuss the requested material has taken place and proved unsuccessful. Nothing in this provision shall delay the disclosure of any items agreed upon by the parties pending resolution of any motion for discovery.
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(B) DISCLOSURE BY THE COMMONWEALTH (1) MANDATORY: In all court cases, on request by the defendant, and subject to any protective order which the Commonwealth might obtain under this rule, the Commonwealth shall disclose to the defendant’s attorney all of the following requested items or information, provided they are material to the instant case. The Commonwealth shall, when applicable, permit the defendant’s attorney to inspect and copy or photograph such items. (a) Any evidence favorable to the accused that is material either to guilt or to punishment, and is within the possession or control of the attorney for the Commonwealth; (b) any written confession or inculpatory statement, or the substance of any oral confession or inculpatory statement, and the identity of the person to whom the confession or inculpatory statement was made that is in the possession or control of the attorney for the Commonwealth; (c) the defendant’s prior criminal record; (d) the circumstances and results of any identification of the defendant by voice, photograph, or in-person identification; (e) any results or reports of scientific tests, expert opinions, and written or recorded reports of polygraph examinations or other physical or mental examinations of the defendant that are within the possession or control of the attorney for the Commonwealth; (f) any tangible objects, including documents, photographs, fingerprints, or other tangible evidence; and (g) the transcripts and recordings of any electronic surveillance, and the authority by which the said transcripts and recordings were obtained. (2) DISCRETIONARY WITH THE COURT: (a) In all court cases, except as otherwise provided in Rules 230 (Disclosure of Testimony Before Investigating Grand Jury) and 556.10 (Secrecy; Disclosure), if the defendant files a motion for pretrial discovery, the court may order the Commonwealth to allow the defendant’s attorney to inspect and copy or photograph any of the following requested items, upon a showing that they are material to the preparation of the defense, and that the request is reasonable: (i) the names and addresses of eyewitnesses; (ii) all written or recorded statements, and substantially verbatim oral statements, of eyewitnesses the Commonwealth intends to call at trial; (iii) all written and recorded statements, and substantially verbatim oral statements, made by co-defendants, and by co-conspirators or accomplices, whether such individuals have been charged or not; and (iv) any other evidence specifically identified by the defendant, provided the defendant can additionally establish that its disclosure would be in the interests of justice.
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(b) If an expert whom the attorney for the Commonwealth intends to call in any proceeding has not prepared a report of examination or tests, the court, upon motion, may order that the expert prepare, and that the attorney for the Commonwealth disclose, a report stating the subject matter on which the expert is expected to testify; the substance of the facts to which the expert is expected to testify; and a summary of the expert’s opinions and the grounds for each opinion. (C) DISCLOSURE BY THE DEFENDANT (1) In all court cases, if the Commonwealth files a motion for pretrial discovery, upon a showing of materiality to the preparation of the Commonwealth’s case and that the request is reasonable, the court may order the defendant, subject to the defendant’s rights against compulsory self-incrimination, to allow the attorney for the Commonwealth to inspect and copy or photograph any of the following requested items: (a) results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, that the defendant intends to introduce as evidence in chief, or were prepared by a witness whom the defendant intends to call at the trial, when results or reports relate to the testimony of that witness, provided the defendant has requested and received discovery under paragraph (B)(1)(e); and (b) the names and addresses of eyewitnesses whom the defendant intends to call in its case-in-chief, provided that the defendant has previously requested and received discovery under paragraph (B)(2)(a)(i). (2) If an expert whom the defendant intends to call in any proceeding has not prepared a report of examination or tests, the court, upon motion, may order that the expert prepare and the defendant disclose a report stating the subject matter on which the expert is expected to testify; the substance of the facts to which the expert is expected to testify; and a summary of the expert’s opinions and the grounds for each opinion. (D) CONTINUING DUTY TO DISCLOSE If, prior to or during trial, either party discovers additional evidence or material previously requested or ordered to be disclosed by it, which is subject to discovery or inspection under this rule, or the identity of an additional witness or witnesses, such party shall promptly notify the opposing party or the court of the additional evidence, material, or witness. (E) REMEDY If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit discovery or inspection, may grant a continuance, or may prohibit such party from introducing evidence not disclosed, other than testimony of the defendant, or it may enter such other order as it deems just under the circumstances.
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(F) PROTECTIVE ORDERS Upon a sufficient showing, the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion of any party, the court may permit the showing to be made, in whole or in part, in the form of a written statement to be inspected by the court in camera. If the court enters an order granting relief following a showing in camera, the entire text of the statement shall be sealed and preserved in the records of the court to be made available to the appellate court(s) in the event of an appeal. (G) WORK PRODUCT Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the Commonwealth or the attorney for the defense, or members of their legal staffs. |
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Term
| Rule 575. Motions and Answers. |
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Definition
Rule 575. Motions and Answers. (A) MOTIONS (1) All motions shall be in writing, except as permitted by the court or when made in open court during a trial or hearing. (2) A written motion shall comply with the following requirements: (a) The motion shall be signed by the person or attorney making the motion. The signature of an attorney shall constitute a certification that the attorney has read the motion, that to the best of the attorney’s knowledge, information, and belief there is good ground to support the motion, and that it is not interposed for delay. (b) The motion shall include the court, caption, term, and number of the case in which relief is requested. (c) The motion shall state with particularity the grounds for the motion, the facts that suport each ground, and the types of relief or order requested. (d) The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable. (e) The motion shall include any requests for hearing or argument, or both. (f) The motion shall include a certificate of service as required by Rule 576(B)(4).
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(g) If the motion sets forth facts that do not already appear of record in the case, the motion shall be verified by the sworn affidavit of some person having knowledge of the facts or by the unsworn written statement of such a person that the facts are verified subject to the penalties for unsworn falsification to authorities under the Crimes Code § 4904, 18 Pa.C.S. § 4904. (3) The failure, in any motion, to state a type of relief or a ground therefor shall constitute a waiver of such relief or ground. (4) Any motion may request such alternative relief as may be appropriate. (5) Rules to Show Cause and Rules Returnable are abolished. Notices of hearings are to be provided pursuant to Rules 114(B) and 577(A)(2). (B) ANSWERS (1) Except as provided in Rule 906 (Answer to Petition for PostConviction Collateral Relief), an answer to a motion is not required unless the judge orders an answer in a specific case as provided in Rule 577. Failure to answer shall not constitute an admission of the facts alleged in the motion. (2) A party may file a written answer, or, if a hearing or argument is scheduled, may respond orally at that time, even though an answer is not required. (3) A written answer shall comply with the following requirements: (a) The answer shall be signed by the person or attorney making the answer. The signature of an attorney shall constitute a certification that the attorney has read the answer, that to the best of the attorney’s knowledge, information, and belief there is good ground to support the answer, and that it is not interposed for delay. (b) The answer shall meet the allegations of the motion and shall specify the type of relief, order, or other action sought. (c) The answer shall include a certificate of service as required by Rule 576(B)(4). (d) If the answer sets forth facts that do not already appear of record in the case, the answer shall be verified by the sworn affidavit of some person having knowledge of the facts or by the unsworn written statement of such
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a person that the facts are verified subject to the penalties for unsworn falsification to authorities under the Crimes Code § 4904, 18 Pa.C.S. § 4904. (e) The answer shall be filed not later than 10 days after service of the motion, unless otherwise ordered by the court. (C) Format of Motions, Answers, and Briefs All motions, answers, and briefs must conform to the following requirements: (1) The document shall be on 8 1/2 inch by 11 inch paper. (2) The document shall be prepared on white paper (except for dividers and similar sheets) of good quality. (3) The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc. (4) The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Margins must be at least one inch on all four sides. (5) The lettering shall be clear and legible and no smaller than point 12. The lettering shall be on only one side of a page, except that exhibits and similar supporting documents may be lettered on both sides of a page. (6) Documents and papers shall be firmly bound. (D) Unified Practice Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a party to attach a proposed order to a motion or an answer, requiring an answer to every motion, or requiring a cover sheet or a backer for any motion or answer. |
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Term
| Rule 576. Filing and Service by Parties. |
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Definition
Rule 576. Filing and Service by Parties. (A) FILING (1) All written motions and any written answers, and any notices or documents for which filing is required, shall be filed with the clerk of courts. (2) Filing shall be by: (a) personal delivery to the clerk of courts; or (b) mail addressed to the clerk of courts. Except as provided by law, filing by mail shall be timely only when actually received by the clerk of courts within the time fixed for filing. (3) The clerk of courts shall accept all written motions, answers, notices, or documents presented for filing. When a document, which is filed pursuant to paragraph (A)(1), is received by the clerk of courts, the clerk shall time
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stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and promptly shall place the document in the criminal case file. (4) In any case in which a defendant is represented by an attorney, if the defendant submits for filing a written motion, notice, or document that has not been signed by the defendant’s attorney, the clerk of courts shall accept it for filing, time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and place the document in the criminal case file. A copy of the time stamped document shall be forwarded to the defendant’s attorney and the attorney for the Commonwealth within 10 days of receipt. (5) If a defendant submits a document pro se to a judge without filing it with the clerk of courts, and the document requests some form of cognizable legal relief, the judge promptly shall forward the document to the clerk of courts for filing and processing in accordance with this rule. (6) Unified Practice Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring that a document has to be presented in person before filing or requiring review by a court or court administrator before a document may be filed. (B) SERVICE (1) All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the court administrator concurrently with filing. (2) Service on the parties shall be by: (a) personal delivery of a copy to a party’s attorney, or the party if unrrepresented; or (b) personal delivery of a copy to the party’s attorney’s employee at the attorney’s office; or (c) mailing a copy to a party’s attorney or leaving a copy for the attorney at the attorney’s office; or (d) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, when counsel has agreed to receive service by this method, leaving a copy for the attorney in the attorney’s box; or (e) sending a copy to an unrepresented party by certified, registered, or first class mail addressed to the party’s place of residence, business, or confinement; or (f) sending a copy by facsimile transmission or other electronic means if the party’s attorney, or the party if unrepresented, has made a written request for this method of service for the document; or (g) delivery to the party’s attorney, or the party if unrepresented, by carrier service. (3) Service on the court administrator shall be by: (a) mailing a copy to the court administrator; or
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(b) in those judicial districts that maintain in the courthouse assigned boxes for the court administrator to receive service, leaving a copy for the court administrator in the court administrator’s box; or (c) leaving a copy for the court administrator at the court administrator’s office; or (d) sending a copy to the court administrator by facsimile transmission or other electronic means if authorized by local rule; or (e) delivery to the court administrator by carrier service. (4) Certificate of Service (a) All documents that are filed and served pursuant to this rule shall include a certificate of service. (b) The certificate of service shall be in substantially the form set forth in the Comment, signed by the party’s attorney, or the party if unrepresented, and shall include the date and manner of service, and the names, addresses, and phone numbers of the persons served. (C) Any non-party requesting relief from the court in a case shall file the motion with the clerk of courts as provided in paragraph (A), and serve the defendant’s attorney, or the defendant if unrepresented, the attorney for the Commonwealth, and the court administrator as provided in paragraph (B). |
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Term
| Rule 577. Procedures Following Filing of Motion. |
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Definition
| Rule 577. Procedures Following Filing of Motion. (A) Following the filing of a motion, (1) if the judge determines an answer is necessary, the court may order a written answer, or it may order an oral response at the time of a hearing or argument on a motion. Any written order shall be filed, a docket entry made, and served by the clerk of courts pursuant to Rule 114(B), (C), and (D). (2) If the judge determines the motion requires a hearing or argument, the court or the court administrator shall schedule the date and time for the hearing or argument. Pursuant to Rule 114(B)(2), notice of the date and time for the hearing or argument shall be served by the clerk of courts, unless the president judge has designated the court or court administrator to serve these notices. (B) The judge promptly shall dispose of any motion. (C) Unified Practice Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a personal appearance as a prerequisite to a determination of whether a hearing or argument is scheduled. |
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Term
| Rule 578. Omnibus Pretrial Motion for Relief. |
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Definition
| Rule 578. Omnibus Pretrial Motion for Relief. Unless otherwise required in the interests of justice, all pretrial requests for relief shall be included in one omnibus motion. |
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Term
| Rule 579. Time for Omnibus Pretrial Motion and Service. |
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Definition
Rule 579. Time for Omnibus Pretrial Motion and Service. (A) Except as otherwise provided in these rules, the omnibus pretrial motion for relief shall be filed and served within 30 days after arraignment, unless opportunity therefor did not exist, or the defendant or defense attorney, or the attorney for the Commonwealth, was not aware of the grounds for the motion, or unless the time for filing has been extended by the court for cause shown.
(B) Copies of all pretrial motions shall be served in accordance with Rule 576. |
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Term
| Rule 580. Disposition of Pretrial Motions. |
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Definition
| Rule 580. Disposition of Pretrial Motions. Unless otherwise provided in these rules, all pretrial motions shall be determined before trial. Trial shall be postponed by the court for the determination of pretrial motions, if necessary. |
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Term
| Rule 560. Information: Filing, Contents, Function. |
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Definition
| Rule 560. Information: Filing, Contents, Function. (A) After the defendant has been held for court following a preliminary hearing or an indictment, the attorney for the Commonwealth shall proceed by preparing an information and filing it with the court of common pleas. (B) The information shall be signed by the attorney for the Commonwealth and shall be valid and sufficient in law if it contains: (1) a caption showing that the prosecution is carried on in the name of and by the authority of the Commonwealth of Pennsylvania; (2) the name of the defendant, or if the defendant is unknown, a description of the defendant as nearly as may be; (3) the date when the offense is alleged to have been committed if the precise date is known, and the day of the week if it is an essential element of the offense charged, provided that if the precise date is not known or if the offense is a continuing one, an allegation that it was committed on or about any date within the period fixed by the statute of limitations shall be sufficient; (4) the county where the offense is alleged to have been committed; (5) a plain and concise statement of the essential elements of the offense substantially the same as or cognate to the offense alleged in the complaint; and (6) a concluding statement that ‘‘all of which is against the Act of Assembly and the peace and dignity of the Commonwealth.’’ (C) The information shall contain the official or customary citation of the statute and section thereof, or other provision of law that the defendant is alleged therein to have violated; but the omission of or error in such citation shall not affect the validity or sufficiency of the information. (D) In all court cases tried on an information, the issues at trial shall be defined by such information. |
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Term
| Rule 561. Withdrawal of Charges by Attorney for the Commonwealth. |
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Definition
| Rule 561. Withdrawal of Charges by Attorney for the Commonwealth. (A) After a case is held for court, at any time before the information is filed, the attorney for the Commonwealth may withdraw one or more charges by filing notice with the clerk of courts. (B) Upon the filing of the information, any charge not listed on the information shall be deemed withdrawn by the attorney for the Commonwealth. (C) In any case in which all the misdemeanor, felony, and murder charges are withdrawn pursuant to this rule, any remaining summary offenses shall be disposed of in the court of common pleas. |
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Term
| Rule 562. Copy of Information to be Furnished Defendant. |
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Definition
| Rule 562. Copy of Information to be Furnished Defendant. The clerk of courts shall, upon request, furnish each defendant against whom an information or informations have been filed with a copy of the information or informations filed against the defendant. |
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Term
| Rule 563. Joinder of Offenses in Information. |
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Definition
| Rule 563. Joinder of Offenses in Information. (A) Two or more offenses, of any grade, may be charged in the same information if: (1) the evidence of each of the offenses would be admissible in a separate trial for the other and is capable of separation by the jury so that there is no danger of confusion; or (2) the offenses charged are based on the same act or transaction. (B) There shall be a separate count for each offense charged. |
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Term
| Rule 564. Amendment of Information. |
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Definition
| Rule 564. Amendment of Information. The court may allow an information to be amended when there is a defect in form, the description of the offense(s), the description of any person or any property, or the date charged, provided the information as amended does not charge an additional or different offense. Upon amendment, the court may grant such postponement of trial or other relief as is necessary in the interests of justice. |
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Term
| Rule 570. Pretrial Conference. |
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Definition
Rule 570. Pretrial Conference. (A) At any time after the filing of an information, upon motion, or upon its own motion, the court may order the attorney for the Commonwealth and the defense attorney or the pro se defendant to appear before it for a conference in open court, unless agreed by the defendant to be in chambers, to consider: (1) the terms and procedures for pretrial discovery and inspection; (2) the simplification or stipulation of factual issues, including admissibility of evidence; (3) the qualification of exhibits as evidence to avoid unnecessary delay;
(4) the number of witnesses who are to give testimony of a cumulative nature; (5) the defenses of alibi and insanity, as to which appropriate rulings may be made; and (6) such other matters as may aid in the disposition of the proceeding. (B) The parties shall have the right to record an objection to rulings of the court during the conference. (C) The court shall place on the record the agreements or objections made by the parties and rulings made by the court as to any of the matters considered in the pretrial conference. Such order shall control the subsequent proceedings unless modified at trial to prevent injustice. |
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Term
| Rule 581. Suppression of Evidence. |
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Definition
| Rule 581. Suppression of Evidence. (A) The defendant’s attorney, or the defendent if unrepresented, may make a motion to the court to suppress any evidence alleged to have been obtained in violation of the defendant’s rights. (B) Unless the opportunity did not previously exist, or the interests of justice otherwise require, such motion shall be made only after a case has been returned to court and shall be contained in the omnibus pretrial motion set forth in Rule 578. If timely motion is not made hereunder, the issue of suppression of such evidence shall be deemed to be waived. (C) Such motion shall be made to the court of the county in which the prosecution is pending. (D) The motion shall state specifically and with particularity the evidence sought to be suppressed, the grounds for suppression, and the facts and events in support thereof. (E) A hearing shall be scheduled in accordance with Rule 577 (Procedures Following Filing of Motion).Ahearing may be either prior to or at trial, and shall afford the attorney for the Commonwealth a reasonable opportunity for investigation. The judge shall enter such interim order as may be appropriate in the interests of justice and the expeditious disposition of criminal cases. (F) The hearing, either before or at trial, ordinarily shall be held in open court. The hearing shall be held outside the presence of the jury. In all cases, the court may make such order concerning publicity of the proceedings as it deems appropriate under Rules 110 and 111. (G) A record shall be made of all evidence adduced at the hearing. (H) The Commonwealth shall have the burden of going forward with the evidence and of establishing that the challenged evidence was not obtained in violation of the defendant’s rights. The defendant may testify at such hearing, and if the defendant does testify, the defendant does not thereby waive the right to remain silent during trial. (I) At the conclusion of the hearing, the judge shall enter on the record a statement of findings of fact and conclusions of law as to whether the evidence was obtained in violation of the defendant’s rights, or in violation of these rules or any statute, and shall make an order granting or denying the relief sought. (J) If the court determines that the evidence shall not be suppressed, such determination shall be final, conclusive, and binding at trial, except upon a showing of evidence which was theretofore unavailable, but nothing herein shall prevent a defendant from opposing such evidence at trial upon any ground except its suppressibility. |
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Term
| Rule 582. Joinder—Trial of Separate Indictment or Informations. |
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Definition
| Rule 582. Joinder—Trial of Separate Indictment or Informations. (A) STANDARDS (1) Offenses charged in separate indictments or informations may be tried together if: (a) the evidence of each of the offenses would be admissible in a separate trial for the other and is capable of separation by the jury so that there is no danger of confusion; or (b) the offenses charged are based on the same act or transaction. (2) Defendants charged in separate indictments or informations may be tried together if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. (B) PROCEDURE (1) Notice that offenses or defendants charged in separate indictments or informations will be tried together shall be in writing and filed with the clerk of courts. A copy of the notice shall be served on the defendant at or before arraignment. (2) When notice has not been given under paragraph (B)(1), any party may move to consolidate for trial separate indictments or informations, which motion must ordinarily be included in the omnibus pretrial motion. |
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Term
| Rule 583. Severance of Offenses or Defendants. |
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Definition
| Rule 583. Severance of Offenses or Defendants. The court may order separate trials of offenses or defendants, or provide other appropriate relief, if it appears that any party may be prejudiced by offenses or defendants being tried together. |
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Term
| Rule 584. Motion for Change of Venue or Change of Venire. |
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Definition
| Rule 584. Motion for Change of Venue or Change of Venire. (A) All motions for change of venue or for change of venire shall be made to the court in which the case is currently pending. Venue or venire may be changed by that court when it is determined after hearing that a fair and impartial trial cannot otherwise be had in the county where the case is currently pending. (B) An order for change of venue or venire shall be certified forthwith to the Supreme Court. The Supreme Court shall designate and notify the county of transfer or the county from which the jury is to be impanelled. Unless otherwise ordered by the Supreme Court, a judge from the county in which the complaint was filed shall preside over all proceedings in the trial court. (C) Whenever a change of venue has been ordered, the docket entries and all original papers in the proceedings shall be certified and transmitted to the clerk of courts of the county of transfer immediately prior to trial. (D) Whenever a change of venire has been ordered, the jury shall be summoned, selected, and impanelled in the designated county of impanelment. The trial judge shall conduct the voir dire, unless otherwise ordered by the Supreme Court. The jury shall be transported to the county of the court where the case is currently pending. (E) All costs accruing from a change of venue or from a change or venire shall be paid by the county in which the complaint was filed. |
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Term
| Rule 567. Notice of Alibi Defense. |
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Definition
Rule 567. Notice of Alibi Defense. (A) NOTICE BY DEFENDANT A defendant who intends to offer the defense of alibi at trial shall file with the clerk of courts not later than the time required for filing the omnibus pretrial motion provided in Rule 579 a notice specifying an intention to offer an alibi defense, and shall serve a copy of the notice and a certificate of service on the attorney for the Commonwealth. (1) The notice and a certificate of service shall be signed by the attorney for the defendant, or the defendant if unrepresented.
(2) The notice shall contain specific information as to the place or places where the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses whom the defendant intends to call in support of the claim. (B) FAILURE TO FILE NOTICE (1) If the defendant fails to file and serve the notice of alibi as required by this rule, the court may exclude entirely any evidence offered by the defendant for the purpose of proving the defense, except testimony by the defendant, may grant a continuance to enable the Commonwealth to investigate such evidence, or may make such other order as the interests of justice require. (2) If the defendant omits any witness from the notice of alibi, the court at trial may exclude the testimony of the omitted witness, may grant a continuance to enable the Commonwealth to investigate the witness, or may make such other order as the interests of justice require. (C) RECIPROCAL NOTICE OF WITNESSES Within 10 days after receipt of the defendant’s notice of defense of alibi, or within such other time as allowed by the court upon cause shown, the attorney for the Commonwealth shall file and serve upon defendant’s attorney, or the defendant if unrepresented, written notice of the names and addresses of all witnesses the attorney for the Commonwealth intends to call to disprove or discredit the defendant’s claim of alibi. (D) FAILURE TO FILE RECIPROCAL NOTICE (1) If the attorney for the Commonwealth fails to file and serve a list of its witnesses required by this rule, the court may exclude any evidence offered by the Commonwealth for the purpose of disproving the alibi defense, may grant a continuance to enable the defense to investigate such evidence, or may make such other order as the interests of justice require. (2) If the attorney for the Commonwealth omits a witness from the list of its witnesses required by paragraph (C), the court at trial may exclude the testimony of the omitted witness, may grant a continuance to enable the defense to investigate the witness, or may make such other order as the interests of justice require. (E) CONTINUING DUTY TO DISCLOSE If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the notice furnished under paragraphs (A) or (C), the party promptly shall notify the other party’s attorney, or if unrepresented, the party, of the existence and identity of such additional witness. (F) FAILURE TO CALL WITNESSES No adverse inference may be drawn against the defendant, nor may any comment be made concerning the defendant’s failure to call available alibi witnesses, when such witnesses have been prevented from testifying by reason of this rule, unless the defendant or the defendant’s attorney shall attempt to explain such failure to the jury.
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(G) IMPEACHMENT A defendant may testify concerning an alibi notwithstanding that the defendant has not filed notice, but if the defendant has filed notice and testifies concerning his or her presence at the time of the offense at a place or time different from that specified in the notice, the defendant may be cross-examined concerning such notice. |
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Term
| Rule 568. Notice of Defense of Insanity or Mental Infirmity; Notice of Expert Evidence of a Mental Condition. |
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Definition
Rule 568. Notice of Defense of Insanity or Mental Infirmity; Notice of Expert Evidence of a Mental Condition. (A) NOTICE BY DEFENDANT (1) Notice of Defense of Insanity or Mental Infirmity A defendant who intends to offer at trial the defense of insanity or mental infirmity shall file with the clerk of courts not later than the time required for filing an omnibus pretrial motion provided in Rule 579 a notice of the intention to offer the defense of insanity or mental infirmity, and shall serve a copy of the notice and a certificate of service on the attorney for the Commonwealth. (a) The notice and certificate shall be signed by the attorney for the defendant, or the defendant if unrepresented. (b) The notice shall contain specific available information as to the nature and extent of the alleged insanity or mental infirmity, the period of time that the defendant allegedly suffered from such insanity or mental infirmity, and the names and addresses of witnesses, expert or otherwise, whom the defendant intends to call to establish such defense.
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(2) Notice of Expert Evidence of Mental Condition Except as provided in Rule 841, a defendant who intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing (1) on the issue of guilt, or (2) in a capital case, on the issue of punishment, shall file with the clerk of courts not later than the time required for filing an omnibus pretrial motion provided in Rule 579 a notice of the intention to offer this expert evidence, and shall serve a copy of the notice and a certificate of service on the attorney for the Commonwealth. (a) The notice and certificate shall be signed by the attorney for the defendant, or the defendant if unrepresented. (b) The notice shall contain specific available information as to the nature and extent of the alleged mental disease or defect or any other mental condition, the period of time that the defendant allegedly suffered from such mental disease or defect or any other mental condition, and the names and addresses of the expert witness(es) whose evidence the defendant intends to introduce. (B) FAILURE TO FILE NOTICE (1) If the defendant fails to file and serve a notice of insanity or mental infirmity defense, or a notice of expert evidence of a mental condition as required by this rule, the court may exclude entirely any evidence offered by the defendant for the purpose of proving the defense, except testimony by the defendant, may grant a continuance to enable the Commonwealth to investigate such evidence, or may make any other order as the interests of justice require. (2) If the defendant omits a witness from the notice of insanity or mental infirmity defense or a notice of expert evidence of a mental condition, the court at trial may exclude the testimony of the omitted witness, may grant a continuance to enable the Commonwealth to investigate such evidence, may grant a continuance to enable the Commonwealth to investigate the witness, or may make any other order as the interests of justice require. (C) RECIPROCAL NOTICE OF WITNESSES Within 10 days after receipt of the defendant’s notice of the insanity or mental infirmity defense, or notice of expert evidence of a mental condition, or within such other time as allowed by the court upon cause shown, the attorney for the Commonwealth shall file and serve upon defendant’s attorney, or the defendant if unrepresented, written notice of the names and addresses of all witnesses the attorney for the Commonwealth intends to call to disprove or discredit the defendant’s claim of insanity or mental infirmity, or mental disease, defect, or other mental condition. (D) FAILURE TO SUPPLY RECIPROCAL NOTICE (1) If the attorney for the Commonwealth fails to file and serve a list of its witnesses as required by this rule, the court may exclude any evidence offered by the Commonwealth for the purpose of disproving the insanity or mental infirmity defense, may grant a continuance to enable the defense to investigate such evidence, or may make such other order as the interests of justice require.
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(2) If the attorney for the Commonwealth omits a witness from the list of its witnesses required by this rule, the court at trial may exclude the testimony of the omitted witness, may grant a continuance to enable the defense to investigate the witness, or may make such other order as the interests of justice require. (E) CONTINUING DUTY TO DISCLOSE If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the notice furnished under paragraphs (A) or (C), the party shall promptly notify the other party’s attorney, or if unrepresented, the other party, of the existence and identity of such additional witness. (F) FAILURE TO CALL WITNESSES No adverse inference may be drawn against the defendant, nor may any comment be made concerning the defendant’s failure to call available witnesses with regard to the insanity or mental infirmity defense, when such witnesses have been prevented from testifying by reason of this rule, unless the defendant or the defendant’s attorney shall attempt to explain such failure to the jury. |
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Term
| Rule 569. Examination of Defendant by Mental Health Expert. |
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Definition
Rule 569. Examination of Defendant by Mental Health Expert. (A) EXAMINATION OF DEFENDANT (1) BY AGREEMENT (a) The defendant, defendant’s counsel, and the attorney for the Commonwealth may agree to an examination of the defendant by the mental health expert(s) designated in the agreement. (b) The agreement shall be in writing and signed by the defendant, defendant’s counsel, and the attorney for the Commonwealth, or made orally on the record. (c) Unless otherwise agreed, the mental health expert(s) promptly shall prepare a written report stating the subject matter, the substance of the facts relied upon, and a summary of the expert’s opinions and the grounds for each opinion. (2) BY COURT ORDER (a) Upon motion of the attorney for the Commonwealth, if the court determines the defendant has provided notice of an intent to assert a defense of insanity or mental infirmity or notice of the intention to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant pursuant to Rule 568, the court shall order that the defendant submit to an examination by one or more mental health experts specified in the motion by the Commonwealth for the purpose of determining the mental condition put in issue by the defendant. (b) When the court orders an examination pursuant to this paragraph, the court on the record shall advise the defendant in person and in the presence of defendant’s counsel: (i) of the purpose of the examination and the contents of the court’s order; (ii) that the information obtained from the examination may be used at trial; and (iii) the potential consequences of the defendant’s refusal to cooperate with the Commonwealth’s mental health expert(s). (c) The court’s order shall: (i) specify who may be present at the examination; and (ii) specify the time within which the mental health expert(s) must submit the written report of the examination. (d) Upon completion of the examination of the defendant, the mental health expert(s), within the time specified by the court as provided in paragraph (A)(2)(c)(ii), shall prepare a written report stating the subject matter, the substance of the facts relied upon, and a summary of the expert’s opinions and the grounds for each opinion. (B) DISCLOSURE OF REPORTS BETWEEN PARTIES
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(1) The mental health experts’ reports shall be confidential, and not of public record. (2) Any mental health expert whom either party intends to call to testify concerning the defendant’s mental condition must prepare a written report. No mental health expert may be called to testify concerning the defendant’s mental condition until the expert’s report has been disclosed as provided herein. (3) The court shall set a reasonable time after the Commonwealth’s expert’s examination for the disclosure of the reports of the parties’ mental health experts. (C) PROTECTIVE ORDERS Upon a sufficient showing, the court may at any time order that the disclosure of a report or reports be restricted or deferred for a specified time, or make such other order as is appropriate. Upon motion of any party, the court may permit the showing to be made in camera. (D) SANCTIONS FOR NON-COMPLIANCE At any time during the course of the proceedings, upon motion or sua sponte, if the court determines there has been a failure to comply with this rule, the court may order compliance, may grant a continuance, or may grant other appropriate relief. Upon motion, any hearing to determine if there has been a failure to comply may be held in camera and the record sealed until after disposition of the case. (E) This rule does not apply to competency proceedings. |
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Term
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Definition
| Rule 200. Who May Issue. A search warrant may be issued by any issuing authority within the judicial district wherein is located either the person or place to be searched. |
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Term
| Rule 201. Purpose of Warrant. |
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Definition
| Rule 201. Purpose of Warrant. A search warrant may be issued to search for and to seize: (1) contraband, the fruits of a crime, or things otherwise criminally possessed; or (2) property that is or has been used as the means of committing a criminal offense; or (3) property that constitutes evidence of the commission of a criminal offense. |
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Term
| Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth—Local Option. |
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Definition
| See book since there is a form |
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Term
| Rule 203. Requirements for Issuance. |
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Definition
Rule 203. Requirements for Issuance. (A) In the discretion of the issuing authority, advanced communication technology may be used to submit a search warrant application and affidavit(s) and to issue a search warrant. (B) No search warrant shall issue but upon probable cause supported by one or more affidavits sworn to before the issuing authority in person or using advanced communication technology. The issuing authority, in determining whether probable cause has been established, may not consider any evidence outside the affidavits. (C) Immediately prior to submitting a search warrant application and affidavit to an issuing authority using advanced communication technology, the affiant must personally communicate with the issuing authority by any device which, at a minimum, allows for simultaneous audio-visual communication. During the communication, the issuing authority shall verify the identity of the affiant, and orally administer an oath to the affiant. (D) At any hearing on a motion for the return or suppression of evidence, or for suppression of the fruits of evidence, obtained pursuant to a search warrant, no evidence shall be admissible to establish probable cause other than the affidavits provided for in paragraph (B).
(E) No search warrant shall authorize a nighttime search unless the affidavits show reasonable cause for such nighttime search. (F) A search warrant may be issued in anticipation of a prospective event as long as the warrant is based upon an affidavit showing probable cause that at some future time, but not currently, certain evidence of a crime will be located at a specified place. (G) When a search warrant is issued, the issuing authority shall provide the original search warrant to the affiant and the issuing authority shall retain a contemporaneously prepared copy. |
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Term
| Rule 204. Person to Serve Warrant. |
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Definition
| Rule 204. Person to Serve Warrant. A search warrant shall be served by a law enforcement officer. |
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Term
| Rule 205. Contents of Search Warrant. |
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Definition
Rule 205. Contents of Search Warrant. Each search warrant shall be signed by the issuing authority and shall: (1) specify the date and time of issuance; (2) identify specifically the property to be seized; (3) name or describe with particularity the person or place to be searched; (4) direct that the search be executed either; (a) within a specified period of time, not to exceed 2 days from the time of issuance, or; (b) when the warrant is issued for a prospective event, only after the specified event has occurred;
(5) direct that the warrant be served in the daytime unless otherwise authorized on the warrant, provided that, for purposes of the rules of Chapter 200, Part A, the term ‘‘daytime’’ shall be used to mean the hours of 6 a.m. to 10 p.m.; (6) designate by title the judicial officer to whom the warrant shall be returned; (7) certify that the issuing authority has found probable cause based upon the facts sworn to or affirmed before the issuing authority by written affidavit(s) attached to the warrant; and (8) when applicable, certify on the face of the warrant that for good cause shown the affidavit(s) is sealed pursuant to Rule 211 and state the length of time the affidavit(s) will be sealed. |
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Term
| Rule 206. Contents of Application for Search Warrant. |
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Definition
| Rule 206. Contents of Application for Search Warrant. Each application for a search warrant shall be supported by written affidavit(s) signed and sworn to or affirmed before an issuing authority, which affidavit(s) shall: (1) state the name and department, agency, or address of the affiant; (2) identify specifically the items or property to be searched for and seized; (3) name or describe with particularity the person or place to be searched; (4) identify the owner, occupant, or possessor of the place to be searched; (5) specify or describe the crime which has been or is being committed; (6) set forth specifically the facts and circumstances which form the basis for the affiant’s conclusion that there is probable cause to believe that the items or property identified are evidence or the fruit of a crime, or are contraband, or are expected to be otherwise unlawfully possessed or subject to seizure, and that these items or property are or are expected to be located on the particular person or at the particular place described; (7) if a ‘‘nighttime’’search is requested (i.e., 10 p.m. to 6 a.m.), state additional reasonable cause for seeking permission to search in nighttime; and (8) when the attorney for the Commonwealth is requesting that the affidavit(s) be sealed pursuant to Rule 211, state the facts and circumstances which are alleged to establish good cause for the sealing of the affidavit(s). |
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Term
| Rule 207. Manner of Entry Into Premises. |
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Definition
| Rule 207. Manner of Entry Into Premises. (A) A law enforcement officer executing a search warrant shall, before entry, give, or make reasonable effort to give, notice of the officer’s identity, authority, and purpose to any occupant of the premises specified in the warrant, unless exigent circumstances require the officer’s immediate forcible entry. (B) Such officer shall await a response for a reasonable period of time after this announcement of identity, authority, and purpose, unless exigent circumstances require the officer’s immediate forcible entry. (C) If the officer is not admitted after such reasonable period, the officer may forcibly enter the premises and may use as much physical force to effect entry therein as is necessary to execute the search. |
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Term
| Rule 208. Copy of Warrant; Receipt for Seized Property |
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Definition
| Rule 208. Copy of Warrant; Receipt for Seized Property (A) A law enforcement officer, upon taking property pursuant to a search warrant, shall leave with the person from whom or from whose premises the property was taken a copy of the warrant and affidavit(s) in support thereof, and a receipt for the property seized. A copy of the warrant and affidavit(s) must be left whether or not any property is seized. (B) If no one is present on the premises when the warrant is executed, the officer shall leave the documents specified in paragraph (A) at a conspicuous location in the said premises. A copy of the warrant and affidavit(s) must be left whether or not any property is seized. (C) Notwithstanding the requirements in paragraphs (A) and (B), the officer shall not leave a copy of an affidavit that has been sealed pursuant to Rule 211. |
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Term
| Rule 209. Return With Inventory. |
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Definition
Rule 209. Return With Inventory. (A) The law enforcement officer executing the search warrant shall return the search warrant promptly after the search is completed, along with any inventory required under paragraph (C), to the issuing authority. (B) Unexecuted warrants shall be returned promptly to the issuing authority once the period of time authorized for execution of the warrant has expired. The affiant shall retain a copy of the returned unexecuted search. (C) An inventory of items seized shall be made by the law enforcement officer serving a search warrant. The inventory shall be made in the presence of the person from whose possession or premises the property was taken, when feasible, or otherwise in the presence of at least one witness. The officer shall sign a statement on the inventory that it is a true and correct listing of all items seized, and
that the signer is subject to the penalties and provisions of 18 Pa.C.S. § 4904(b)—Unsworn Falsification To Authorities. The inventory shall be returned to and filed with the issuing authority. (D) The judicial officer to whom the return was made shall, upon request, cause a copy of the inventory to be delivered to the applicant for the warrant and to the person from whom, or from whose premises, the property was taken. (E) When the search warrant affidavit(s) is sealed pursuant to Rule 211, the return shall be made to the justice or judge who issued the warrant. |
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Term
| Rule 210. Return of Papers to Clerk. |
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Definition
| Rule 210. Return of Papers to Clerk. The judicial officer to whom the warrant was returned shall file the search warrant, all supporting affidavits, and the inventory with the clerk of the court of common pleas of the judicial district in which the property was seized. |
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Term
| Rule 211. Sealing Search Warrant Affidavits. |
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Definition
Rule 211. Sealing Search Warrant Affidavits. (A) At the request of the attorney for the Commonwealth, a search warrant affidavit may be sealed upon good cause shown. (B) When the attorney for the Commonwealth intends to request that the search warrant affidavit(s) be sealed, (1) the application for the search warrant shall be presented by the attorney for the Commonwealth to a judge of the court of common pleas or an appellate court justice or judge, and (2) the affidavit(s) for the search warrant shall include the facts and circumstances which are alleged to establish good cause for the sealing of the search warrant affidavit(s). (C) When the justice or judge issues the search warrant and seals the search warrant affidavit(s), he or she shall also certify on the face of the warrant that for good cause shown the affidavit(s) is sealed and shall state the length of time the affidavit(s) will be sealed. (D) When the search warrant is issued, the sealed affidavit(s) shall be filed with the clerk of courts in the judicial district in which the search warrant is to be executed, unless otherwise ordered by the justice or judge.
(E) The affidavit shall be sealed for a period of not more than 60 days, unless the time period is extended as provided in paragraph (F) or paragraph (H). (F) Upon motion of the attorney for the Commonwealth for good cause shown, the justice or judge who issued the search warrant may extend the period of time that the affidavit(s) will remain sealed. If the justice or judge is unavailable, another justice or judge shall be assigned to decide the motion. (G) Upon motion for good cause shown, the justice or judge may grant an unlimited number of extensions of the time that the affidavit(s) shall remain sealed. Each extension shall be for a period of not more than 30 days. (H) When criminal proceedings are instituted as a result of the search, (1) A copy of the sealed affidavit(s) shall be given to the defendant at or before the preliminary hearing unless otherwise ordered as provided in paragraph (H)(2). (2) Upon motion of the attorney for the Commonwealth, the justice or judge who issued the warrant, for good cause shown, may delay giving the defendant a copy of the sealed affidavit(s) for periods of not more than 30 days. In no case shall the delay extend beyond the date of the court arraignment. (3) If the justice or judge is unavailable, another justice or judge shall be assigned to decide the motion. (I) If the motion requesting any extension pursuant to paragraphs (F) or (H) is granted, the motion and any record of the hearing on the motion shall be sealed and transmitted with the extension order to the clerk of courts. (J) When the order sealing the affidavit(s) and any extensions thereof expires, the clerk of courts shall make the affidavit(s) available for public inspection. |
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Term
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Definition
Rule 600. Prompt Trial. (A) COMMENCEMENT OF TRIAL; TIME FOR TRIAL (1) For the purpose of this rule, trial shall be deemed to commence on the date the trial judge calls the case to trial, or the defendant tenders a plea of guilty or nolo contendere. (2) Trial shall commence within the following time periods. (a) Trial in a court case in which a written complaint is filed against the defendant shall commence within 365 days from the date on which the complaint is filed.
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(b) Trial in a court case that is transferred from the juvenile court to the trial or criminal division shall commence within 365 days from the date on which the transfer order is filed. (c) When a trial court has ordered that a defendant’s participation in the ARD program be terminated pursuant to Rule 318, trial shall commence within 365 days from the date on which the termination order is filed. (d) When a trial court has granted a new trial and no appeal has been perfected, the new trial shall commence within 365 days from the date on which the trial court’s order is filed. (e) When an appellate court has remanded a case to the trial court, the new trial shall commence within 365 days from the date of the written notice from the appellate court to the parties that the record was remanded. (B) PRETRIAL INCARCERATION Except in cases in which the defendant is not entitled to release on bail as provided by law, no defendant shall be held in pretrial incarceration in excess of (1) 180 days from the date on which the complaint is filed; or (2) 180 days from the date on which the order is filed transferring a court case from the juvenile court to the trial or criminal division; or (3) 180 days from the date on which the order is filed terminating a defendant’s participation in the ARD program pursuant to Rule 318; or (4) 120 days from the date on which the order of the trial court is filed granting a new trial when no appeal has been perfected; or (5) 120 days from the date of the written notice from the appellate court to the parties that the record was remanded. (C) COMPUTATION OF TIME (1) For purposes of paragraph (A), periods of delay at any stage of the proceedings caused by the Commonwealth when the Commonwealth has failed to exercise due diligence shall be included in the computation of the time within which trial must commence. Any other periods of delay shall be excluded from the computation. (2) For purposes of paragraph (B), only periods of delay caused by the defendant shall be excluded from the computation of the length of time of any pretrial incarceration. Any other periods of delay shall be included in the computation. (3)(a) When a judge or issuing authority grants or denies a continuance: (i) the issuing authority shall record the identity of the party requesting the continuance and the reasons for granting or denying the continuance; and (ii) the judge shall record the identity of the party requesting the continuance and the reasons for granting or denying the continuance. The judge also shall record to which party the period of delay caused by the continuance shall be attributed, and whether the time will be included in or excluded from the computation of the time within which trial must commence in accordance with this rule.
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(b) The determination of the judge or issuing authority is subject to review as provided in paragraph (D)(3). (D) REMEDIES (1) When a defendant has not been brought to trial within the time periods set forth in paragraph (A), at any time before trial, the defendant’s attorney, or the defendant if unrepresented, may file a written motion requesting that the charges be dismissed with prejudice on the ground that this rule has been violated. A copy of the motion shall be served on the attorney for the Commonwealth concurrently with filing. The judge shall conduct a hearing on the motion. (2) Except in cases in which the defendant is not entitled to release on bail as provided by law, when a defendant is held in pretrial incarceration beyond the time set forth in paragraph (B), at any time before trial, the defendant’s attorney, or the defendant if unrepresented, may file a written motion requesting that the defendant be released immediately on nominal bail subject to any nonmonetary conditions of bail imposed by the court as permitted by law. A copy of the motion shall be served on the attorney for the Commonwealth concurrently with filing. The judge shall conduct a hearing on the motion. (3) Any requests for review of the determination in paragraph (C)(3) shall be raised in a motion or answer filed pursuant to paragraph (D)(1) or paragraph (D)(2). (E) Nothing in this rule shall be construed to modify any time limit contained in any statute of limitations. |
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Term
| Rule 590. Pleas and Plea Agreements. |
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Definition
| Rule 590. Pleas and Plea Agreements. (A) GENERALLY. (1) Pleas shall be taken in open court. (2) A defendant may plead not guilty, guilty, or, with the consent of the judge, nolo contendere. If the defendant refuses to plead, the judge shall enter a plea of not guilty on the defendant’s behalf. (3) The judge may refuse to accept a plea of guilty or nolo contendere, and shall not accept it unless the judge determines after inquiry of the defendant that the plea is voluntarily and understandingly tendered. Such inquiry shall appear on the record. (B) PLEA AGREEMENTS. (1) When counsel for both sides have arrived at a plea agreement, they shall state on the record in open court, in the presence of the defendant, the terms of the agreement, unless the judge orders, for good cause shown and with the consent of the defendant, counsel for the defendant, and the attorney for the Commonwealth, that specific conditions in the agreement be placed on the record in camera and the record sealed. (2) The judge shall conduct a separate inquiry of the defendant on the record to determine whether the defendant understands and voluntarily accepts the terms of the plea agreement on which the guilty plea or plea of nolo contendere is based. (C) MURDER CASES. In cases in which the imposition of a sentence of death is not authorized, when a defendant enters a plea of guilty or nolo contendere to a charge of murder generally, the degree of guilt shall be determined by a jury unless the attorney for the Commonwealth elects to have the judge, before whom the plea was entered, alone determine the degree of guilt. |
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Term
| Rule 591. Withdrawal of Plea of Guilty or Nolo Contendere. |
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Definition
Rule 591. Withdrawal of Plea of Guilty or Nolo Contendere. (A) At any time before the imposition of sentence, the court may, in its discretion, permit, upon motion of the defendant, or direct, sua sponte, the withdrawal of a plea of guilty or nolo contendere and the substitution of a plea of not guilty.
(B) When a defendant moves for the withdrawal of a plea of guilty or nolo contendere, the attorney for the Commonwealth shall be given 10 days to respond. |
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Term
| Rule 620. Waiver of Jury Trial. |
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Definition
| Rule 620. Waiver of Jury Trial. In all cases, the defendant and the attorney for the Commonwealth may waive a jury trial with approval by a judge of the court in which the case is pending, and elect to have the judge try the case without a jury. The judge shall ascertain from the defendant whether this is a knowing and intelligent waiver, and such colloquy shall appear on the record. The waiver shall be in writing, made a part of the record, and signed by the defendant, the attorney for the Commonwealth, the judge, and the defendant’s attorney as a witness. |
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Term
| Rule 621. Procedure When Jury Trial is Waived. |
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Definition
| Rule 621. Procedure When Jury Trial is Waived. (A) When a jury trial is waived, the trial judge shall determine all questions of law and fact and render a verdict which shall have the same force and effect as a verdict of a jury. (B) At any time before the commencement of trial, a waiver of a jury trial or the judge’s approval thereof may be withdrawn. |
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Term
| Rule 622. Time for Court Action Following Non-Jury Trial. |
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Definition
| Rule 622. Time for Court Action Following Non-Jury Trial. (A) A verdict shall be rendered in all non-jury cases within 7 days after trial. (B) In any case in which a summary offense is joined with the misdemeanor, felony, or murder charges that were tried before the trial judge, the trial judge shall render a verdict on the summary offense, and impose sentence if the judge finds the defendant guilty of the summary offense, even in cases in which the judge has dismissed or found the defendant not guilty on the misdemeanor, felony, or murder charges. |
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Term
| Rule 630. Juror Qualification Form, Lists of Trial Jurors, and Challgene to the Array. |
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Definition
| Rule 630. Juror Qualification Form, Lists of Trial Jurors, and Challgene to the Array. (A) JUROR QUALIFICATION FORM AND LISTS OF TRIAL JURORS. (1) The officials designated by law to select persons for jury service shall: (a) devise, distribute, and maintain juror qualification forms as provided by law; (b) prepare, publish, and post lists of the names of persons to serve as jurors as provided by law; and (c) upon the request of the attorney for the Commonwealth or the defendant’s attorney, furnish the list containing the names of prospective jurors prepared pursuant to paragraph (A)(1)(b); and (d) make available for review and copying copies of the juror qualification forms returned by the prospective jurors. (2) The information provided on the juror qualification form shall be confidential and limited to questions of the jurors’ qualifications. (3) The original and any copies of the juror qualification form shall not constitute a public record. (B) CHALLENGE TO THE ARRAY. (1) Unless opportunity did not exist prior thereto, a challenge to the array shall be made not later than 5 days before the first day of the week the case is listed for trial of criminal cases for which the jurors have been summoned and not thereafter, and shall be in writing, specifying the facts constituting the ground for the challenge. (2) A challenge to the array may be made only on the ground that the jurors were not selected, drawn, or summoned substantially in accordance with law. |
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Term
| Rule 631. Examination and Challenges of the Trial Jurors. |
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Definition
Rule 631. Examination and Challenges of the Trial Jurors. (A) Voir dire of prospective trial jurors and prospective alternate jurors shall be conducted, and the jurors shall be selected, in the presence of a judge, unless the judge’s presence is waived by the attorney for the Commonwealth, the defense attorney, and the defendant, with the judge’s consent. (B) This oath shall be administered individually or collectively to the prospective jurors: ‘‘You do solemnly swear by Almighty God (or do declare and affirm) that you will answer truthfully all questions that may be put to you concerning your qualifications for service as a juror.’’ (C) Voir dire, including the judge’s ruling on all proposed questions, shall be recorded in full unless the recording is waived. The record will be transcribed only upon written request of either party or order of the judge. (D) Prior to voir dire, each prospective juror shall complete the standard, confidential juror information questionnaire as provided in Rule 632. The judge may require the parties to submit in writing a list of proposed questions to be asked of the jurors regarding their qualifications. The judge may permit the defense and the prosecution to conduct the examination of prospective jurors or the judge may conduct the examination. In the latter event, the judge shall permit the defense and the prosecution to supplement the examination by such further inquiry as the judge deems proper. (E) In capital cases, the individual voir dire method must be used, unless the defendant waives that alternative. In non-capital cases, the trial judge shall select one of the following alternative methods of voir dire, which shall apply to the selection of both jurors and alternates: (1) INDIVIDUAL VOIR DIRE AND CHALLENGE SYSTEM. (a) Voir dire of prospective jurors shall be conducted individually and may be conducted beyond the hearing and presence of other jurors. (b) Challenges, both peremptory and for cause, shall be exercised alternately, beginning with the attorney for the Commonwealth, until all jurors are chosen. Challenges shall be exercised immediately after the prospective juror is examined. Once accepted by all parties, a prospective juror shall not be removed by peremptory challenge. Without declaring a mistrial, a judge may allow a challenge for cause at any time before the jury begins to delib
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erate, provided sufficient alternates have been selected, or the defendant consents to be tried by a jury of fewer than 12, pursuant to Rule 641. (2) LIST SYSTEM OF CHALLENGES. (a) A list of prospective jurors shall be prepared. The list shall contain a sufficient number of prospective jurors to total at least 12, plus the number of alternates to be selected, plus the total number of peremptory challenges (including alternates). (b) Prospective jurors may be examined collectively or individually regarding their qualifications. If the jurors are examined individually, the examination may be conducted beyond the hearing and presence of other jurors. (c) Challenges for cause shall be exercised orally as soon as the cause is determined. (d) When a challenge for cause has been sustained, which brings the total number on the list below the number of 12 plus alternates, plus peremptory challenges (including alternates), additional prospective jurors shall be added to the list. (e) Each prospective juror subsequently added to the list may be examined as set forth in paragraph (E)(2)(b). (f) When the examination has been completed and all challenges for cause have been exercised, peremptory challenges shall then be exercised by passing the list between prosecution and defense, with the prosecution first striking the name of a prospective juror, followed by the defense, and alternating thereafter until all peremptory challenges have been exhausted. If either party fails to exhaust all peremptory challenges, the jurors last listed shall be stricken. The remaining jurors and alternates shall be seated. No one shall disclose which party peremptorily struck any juror. |
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Term
| Rule 632. Juror Information Questionnaire. |
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Definition
Rule 632. Juror Information Questionnaire. (A) Prior to voir dire: (1) Each prospective juror shall complete and verify the standard, confidential juror information questionnaire required by paragraph (H) of this rule, and any supplemental questionnaire provided by the court. (2) The president judge shall designate the method for distributing and maintaining the juror information questionnaires. (3) The trial judge and the attorneys shall receive copies of the completed questionnaires for use during voir dire, and the attorneys shall be given a reasonable opportunity to examine the questionnaires. (B) The information provided by the jurors on the questionnaires shall be confidential and limited to use for the purpose of jury selection only. Except for disclosures made during voir dire, or unless the trial judge otherwise orders pursuant to paragraph (F), this information shall only be made available to the trial judge, the defendant(s) and the attorney(s) for the defendant(s), and the attorney for the Commonwealth.
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(C) The original and any copies of the juror information questionnaires shall not constitute a public record. (D) Juror information questionnaires shall be used in conjunction with the examination of the prospective jurors conducted by the judge or counsel pursuant to Rule 631(D). (E) If the court adjourns before voir dire is completed, the trial judge may order that the attorneys be permitted to retain their copies of the questionnaires during the adjournment. When copies of the questionnaires are permitted to be taken from the courtroom, the copies: (1) shall continue to be subject to the confidentiality requirements of this rule, and to the disclosure requirements of paragraph (B); and (2) shall not be duplicated, distributed, or published. The trial judge may make such other order to protect the copies as is appropriate. (F) The original questionnaires of all impaneled jurors shall be retained in a sealed file and shall be destroyed upon completion of the jurors’ service, unless otherwise ordered by the trial judge. Upon completion of voir dire, all copies of the questionnaires shall be returned to the trial judge and destroyed, unless otherwise ordered by the trial judge at the request of the defendant(s), the attorney(s) for the defendant(s), or the attorney for the Commonwealth. (G) The original and any copies of questionnaires of all prospective jurors not impaneled or not selected for any trial shall be destroyed upon completion of the jurors’ service. (H) The form of the juror information questionnaire shall be as follows:
See Rule for Sample Form |
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Term
| Rule 633. Examination and Challenges of Alternate Trial Jurors. |
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Definition
| Rule 633. Examination and Challenges of Alternate Trial Jurors. (A) The trial judge may direct that a reasonable even number of jurors in addition to the principal jurors be called and impaneled to sit as alternate jurors. (B) When alternate jurors are selected in trials involving only one defendant, the defendant and the Commonwealth shall each be entitled to one peremptory challenge for each 2 alternate jurors to be selected. When alternate jurors are selected in trials involving joint defendants, each defendant shall be entitled to one peremptory challenge for each two 2 alternate jurors to be selected and the Commonwealth shall be entitled to peremptory challenges equal in number to the total number of peremptory challenges given to all of the defendants.All peremptory challenges remaining unexercised after the selection of the principal 12 jurors shall be considered exhausted, and in no case may the challenges reserved for the selection of alternates be added to the number allowed during the selection of the principal 12. (C) Alternate jurors shall be examined, challenged, and selected in the same manner as the principal jurors. |
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Term
| Rule 634. Number of Peremptory Challenges. |
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Definition
Rule 634. Number of Peremptory Challenges. (A) Trials Involving Only One Defendant: (1) In trials involving misdemeanors only and when there is only one defendant, the Commonwealth and the defendant shall each be entitled to 5 peremptory challenges.
(2) In trials involving a non-capital felony and when there is only one defendant, the Commonwealth and the defendant shall each be entitled to 7 peremptory challenges. (3) In trials involving a capital felony and when there is only one defendant, the Commonwealth and the defendant shall each be entitled to 20 peremptory challenges. (B) Trials Involving Joint Defendants: (1) In trials involving joint defendants, the defendants shall divide equally among them that number of peremptory challenges that the defendant charged with the highest grade of offense would have received if tried separately; provided, however, that each defendant shall be entitled to at least 2 peremptory challenges. When such division of peremptory challenges among joint defendants results in a fraction of a peremptory challenge, each defendant shall be entitled to the next highest number of such challenges. (2) In trials involving joint defendants, it shall be within the discretion of the trial judge to increase the number of peremptory challenges to which each defendant is entitled up to the number of peremptory challenges that each defendant would have received if tried alone. (3) In trials involving joint defendants, the Commonwealth shall be entitled to peremptory challenges equal in number to the total number of peremptory challenges given to all of the defendants. |
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Term
| Rule 635. Exhaustion of the Jury Panel. |
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Definition
| Rule 635. Exhaustion of the Jury Panel. When a sufficient number of qualified jurors are not present to permit selection of a jury, the court shall: (1) Require the officials designated by law to summon prospective jurors to summon and return immediately from the county at large as many qualified and competent persons as shall be necessary; or (2) Order in writing that the officials designated by law to summon prospective jurors produce the jury wheel or master list in open court in the presence of the judge, and draw therefrom five names for each juror required. A venire shall then be issued requiring that those persons so drawn be brought into court at a time certain. |
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Term
| Rule 601. Presence of Judge. |
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Definition
| Rule 601. Presence of Judge. (A) A judge shall be present at all stages of the trial. (B) Any judge may preside at a pretrial conference, during the hearing and disposition of a pretrial application, or during the selection of a jury. (C) The judge who is present from the time the trial commences shall be considered the trial judge and shall be present, except in extraordinary circumstances, until a verdict is recorded or the jury is discharged. |
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Term
| Rule 602. Presence of the Defendant. |
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Definition
| Rule 602. Presence of the Defendant. (A) The defendant shall be present at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. The defendant’s absence without cause at the time scheduled for the start of trial or during trial shall not preclude proceeding with the trial, including the return of the verdict and the imposition of sentence. (B) A corporation may appear by its attorney for all purposes. |
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Term
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Definition
| Rule 603. Exceptions. (A) Any ruling of the judge on an objection or motion made during the trial of any action or proceeding shall have the effect of a sealed exception in favor of the party adversely affected without the necessity of a formal request or notation made on the record. (B) This rule shall not be applicable to the charge to the jury |
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Term
| Rule 604. Opening Statements and Closing Arguments. |
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Definition
| Rule 604. Opening Statements and Closing Arguments. (A) After the jury has been sworn, the attorney for the Commonwealth shall make an opening statement to the jury. The defendant or the defendant’s attorney may then make an opening statement or reserve it until after the Commonwealth has presented its case. (B) When the evidence is concluded, each party shall be entitled to present one closing argument to the jury. Regardless of the number of defendants, and whether or not a defendant has presented a defense, the attorney for the Commonwealth shall be entitled to make one argument which shall be made last. |
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Term
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Definition
| Rule 605. Mistrial. (A) Motions to withdraw a juror are abolished. (B) When an event prejudicial to the defendant occurs during trial only the defendant may move for a mistrial; the motion shall be made when the event is disclosed. Otherwise, the trial judge may declare a mistrial only for reasons of manifest necessity. |
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Term
| Rule 606. Challenges to Sufficiency of Evidence. |
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Definition
Rule 606. Challenges to Sufficiency of Evidence. (A) A defendant may challenge the sufficiency of the evidence to sustain a conviction of one or more of the offenses charged in one or more of the following ways:
(1) a motion for judgment of acquittal at the close of the Commonwealth’s case-in-chief; (2) a motion for judgment of acquittal at the close of all the evidence; (3) a motion for judgment of acquittal filed within 10 days after the jury has been discharged without agreeing upon a verdict; (4) a motion for judgment of acquittal made orally immediately after verdict; (5) a motion for judgment of acquittal made orally before sentencing pursuant to Rule 704(B); (6) a motion for judgment of acquittal made after sentence is imposed pursuant to Rule 720 (B); or (7) a challenge to the sufficiency of the evidence made on appeal. (B) A motion for judgment of acquittal shall not constitute an admission of any facts or inferences except for the purpose of deciding the motion. If the motion is made at the close of the Commonwealth’s evidence and is not granted, the defendant may present evidence without having reserved the right to do so, and the case shall otherwise proceed as if the motion had not been made. (C) If a defendant moves for judgment of acquittal at the close of all the evidence, the court may reserve decision until after the jury returns a guilty verdict or after the jury is discharged without agreeing upon a verdict. |
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Term
| Rule 607. Challenges to the Weight of the Evidence. |
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Definition
| Rule 607. Challenges to the Weight of the Evidence. (A) A claim that the verdict was against the weight of the evidence shall be raised with the trial judge in a motion for a new trial: (1) orally, on the record, at any time before sentencing; (2) by written motion at any time before sentencing; or (3) in a post-sentence motion. (B) (1) If the claim is raised before sentencing, the judge shall decide the motion before imposing sentence, and shall not extend the date for sentencing or otherwise delay the sentencing proceeding in order to dispose of the motion. (2) An appeal from a disposition pursuant to this paragraph shall be governed by the timing requirements of Rule 720(A)(2) or (3), whichever applies. |
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Term
| Rule 608. Motion for Judgment of Acquittal After Discharge of Jury. |
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Definition
| Rule 608. Motion for Judgment of Acquittal After Discharge of Jury. (A) TIME FOR MOTION. (1) Oral Motion. An oral motion for judgment of acquittal may be made and decided at the time the jury is discharged without agreeing upon a verdict if the defendant so agrees on the record. (2) Written Motion. A written motion for judgment of acquittal shall be filed within 10 days after the jury has been discharged without agreeing upon a verdict. (B) TIME FOR DECISION ON MOTION. (1) A motion for judgment of acquittal after the jury has been discharged without agreeing upon a verdict shall be decided within 30 days after the motion is filed. If the judge fails to decide the motion within 30 days, the motion shall be deemed denied. (2) When a motion for judgment of acquittal is denied by operation of law under this rule, the clerk of courts shall enter an order on behalf of the court, and shall immediately notify the attorney for the Commonwealth, the defendant(s), and defense counsel that the motion is deemed denied. |
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Term
| Rule 640. Swearing the Trial Jury to Hear the Cause. |
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Definition
| Rule 640. Swearing the Trial Jury to Hear the Cause. (A) After all jurors have been selected, the jury, including any alternates, shall be sworn as a body to hear the cause. (B) The following oath shall be administered: ‘‘You do solemnly swear by Almighty God and those of you who affirm do declare and affirm that you will well and truly try the issue joined between the Commonwealth and the defendant(s), and a true verdict render according to the evidence.’’ |
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Term
| Rule 641. Agreement to be Tried by Fewer Than Twelve Jurors. |
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Definition
| Rule 641. Agreement to be Tried by Fewer Than Twelve Jurors. In all cases, at any time after a jury of 12 is initially sworn and before verdict, the defendant and the attorney for the Commonwealth, with approval of the judge, may agree to a jury of fewer than 12 but not fewer than 6. Such agreement shall be made a part of the record. The verdict in such a case shall have the same force and effect as a verdict by a jury of 12. |
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Term
| Rule 642. Sequestration of Trial Jurors. |
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Definition
| Rule 642. Sequestration of Trial Jurors. (A) The trial judge may, in the judge’s discretion, order sequestration of trial jurors in the interests of justice. (B) When sequestration is ordered, each juror, including any alternate, shall be sequestered from the time of acceptance as a juror until discharged. (C) Nothing is paragraph (B) shall prevent a trial judge from ordering sequestration, or vacating the order of sequestration, at any time during a trial when the interests of justice require. |
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Term
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Definition
| Rule 643. View by Jury. (A) The trial judge may in the judge’s discretion order a view by the jury. (B) The trial judge, the attorney for the Commonwealth, the defendant and defendant’s attorney shall be present at the view, except as provided in Rule 602. |
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Term
| Rule 644. Note Taking by Jurors. |
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Definition
Rule 644. Note Taking by Jurors. (A) When a jury trial is expected to last for more than two days, jurors shall be permitted to take notes during the trial for their use during deliberations. When the trial is expected to last two days or less, the judge may permit the jurors to take notes. (1) The jurors shall not take notes during the judge’s charge at the conclusion of the trial. (2) The court shall provide materials to the jurors that are suitable for note taking. These are the only materials that may be used by the jurors for note taking. (3) The court, the attorney for the Commonwealth, and the defendant’s attorney, or the defendant if unrepresented, shall not request or suggest that jurors take notes, comment on the jurors’ note taking, or attempt to read any notes. (4) The notes of the jurors shall remain in the custody of the court at all times. (5) The jurors may have access to their notes and use their notes only during the trial and deliberations. The notes shall be collected or maintained by the court at each break and recess, and at the end of each day of the trial. (6) The notes of the jurors shall be confidential and limited to use for the jurors’ deliberations. (7) Before announcing the verdict, the jury shall return their notes to the court. The notes shall be destroyed by court personnel without inspection upon the discharge of the jury. (8) The notes shall not be used as a basis for a request for a new trial, and the judge shall deny any request that the jurors’ notes be retained and sealed pending a request for a new trial. (B) The judge shall instruct the jurors about taking notes during the trial. At a minimum, the judge shall instruct the jurors that: (1) the jurors are not required to take notes, and those jurors who take notes are not required to take extensive notes; (2) note taking should not divert jurors from paying full attention to the evidence and evaluating witness credibility; (3) the notes merely are memory aids, not evidence or the official record; (4) the jurors who take few or no notes should not permit their independent recollection of the evidence to be influenced by the fact that other jurors have taken notes; (5) the jurors may not show their notes or disclose the contents of the notes to other jurors until deliberations begin, but may show the notes or disclose the contents during deliberations; (6) the jurors may not take their notes out of the courtroom except to use their notes during deliberations; and
(7) the jurors’ notes are confidential, will not be reviewed by the court or anyone else, will be collected before the verdict is announced, and will be destroyed immediately upon discharge of the jury. |
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Term
| Rule 645. Seating and Retention of Alternate Jurors. |
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Definition
| Rule 645. Seating and Retention of Alternate Jurors. (A) Alternate jurors, in the order in which they are called, shall replace principal jurors who become unable or disqualified to perform their duties. (B) Alternate jurors shall be retained after the jury retires to consider its verdict. The trial judge shall instruct the retained alternate jurors to continue to observe the admonitions to jurors until they are informed that a verdict has been returned or the jury has been discharged. A retained alternate juror shall not be permitted to be present in the jury room during deliberations unless he or she replaces a principal juror as provided in paragraph (C). (C) After the jury has retired to consider its verdict, a principal juror who becomes unable to perform his or her duties or is disqualified may be replaced with a retained alternate juror only if the trial judge is satisfied that the proper jury function is not harmed by the replacement. To ensure this, the trial judge shall: (1) colloquy the alternate juror on the record that the alternate juror has not been exposed to any improper influences; and (2) once the jury is reconstituted following the replacement of the principal juror by the alternate juror, colloquy and instruct the reconstituted jury on the record that: (a) the jurors understand that the reason the discharged juror was being replaced has nothing to do with the discharged juror’s views on the case; and (b) the reconstituted jury understands that they must set aside and disregard all past deliberations and begin deliberations anew so as to eliminate the influence of the excused juror and so that the reconstituted jury will consider the evidence in the context of full and complete deliberations with the new juror. |
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Term
| Rule 646. Material Permitted in Possession of the Jury. |
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Definition
Rule 646. Material Permitted in Possession of the Jury. (A) Upon retiring, the jury may take with it such exhibits as the trial judge deems proper, except as provided in paragraph (C). (B) The trial judge may permit the members of the jury to have for use during deliberations written copies of the portion of the judge’s charge on the elements of the offenses, lesser included offenses, and any defense upon which the jury has been instructed. (1) If the judge permits the jury to have written copies of the portion of the judge’s charge on the elements of the offenses, lesser included offenses, and any defense upon which the jury has been instructed, the judge shall provide that portion of the charge in its entirety. (2) The judge shall instruct the jury about the use of the written charge. At a minimum, the judge shall instruct the jurors that
(a) the entire charge, written and oral, shall be given equal weight; and (b) the jury may submit questions regarding any portion of the charge. (C) During deliberations, the jury shall not be permitted to have: (1) a transcript of any trial testimony; (2) a copy of any written or otherwise recorded confession by the defendant; (3) a copy of the information or indictment; and (4) except as provided in paragraph (B), written jury instructions. (D) The jurors shall be permitted to have their notes for use during deliberations. |
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Term
| Rule 647. Request for Instructions, Charge to the Jury, and Preliminary Instructions. |
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Definition
| Rule 647. Request for Instructions, Charge to the Jury, and Preliminary Instructions. (A) Any party may submit to the trial judge written requests for instructions to the jury. Such requests shall be submitted within a reasonable time before the closing arguments, and at the same time copies thereof shall be furnished to the other parties. Before closing arguments, the trial judge shall inform the parties on the record of the judge’s rulings on all written requests and which instructions shall be submitted to the jury in writing. The trial judge shall charge the jury after the arguments are completed. (B) No portions of the charge nor omissions from the charge may be assigned as error, unless specific objections are made thereto before the jury retires to deliberate. All such objections shall be made beyond the hearing of the jury. (C) After the jury has retired to consider its verdict, additional or correctional instructions may be given by the trial judge in the presence of all parties, except that the defendant’s absence without cause shall not preclude proceeding, as provided in Rule 602. (D) The trial judge may give instructions to the jury before the taking of evidence or at anytime during the trial as the judge deems necessary and appropriate for the jury’s guidance in hearing the case. |
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Term
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Definition
| Rule 648. Verdicts. (A) Upon retiring to deliberate, the jury shall select one of its members as foreman. (B) The verdict shall be unanimous, and shall be announced by the foreman in open court in the presence of a judge, the attorney for the Commonwealth, the defendant and defendant’s attorney, except as provided in Rule 602. (C) If there are two or more defendants, the jury may report a verdict or verdicts with respect to those defendants, upon which it has agreed, and the judge shall receive all such verdicts. If the jury cannot agree upon a verdict with respect to all of the defendants, the verdicts which have been received shall be recorded. (D) If there are two or more counts in the information or indictment, the jury may report a verdict or verdicts with respect to those counts upon which it has agreed, and the judge shall receive and record all such verdicts. If the jury cannot agree with respect to all the counts in the information or indictment if those counts to which it has agreed operate as an acquittal of lesser or greater included offenses to which they cannot agree, these latter counts shall be dismissed. When the counts in the information or indictment upon which the jury cannot agree are not included offenses of the counts in the information or indictment upon which it has agreed, the defendant or defendants may be retried on those counts in the information or indictment. (E) If there are two or more informations or indictments, the jury may report a verdict or verdicts with respect to those informations or indictments upon which it has agreed, and the judge shall receive and record all such verdicts. If the jury cannot agree with respect to all the informations or indictments, if those informations or indictments to which it has agreed operate as an acquittal of lesser or greater included offenses to which they cannot agree, these latter informations or indictments shall be dismissed. When the informations or indictments upon which the jury cannot agree are not included in the offenses of the information or indictment upon which it has agreed, the defendant or defendants may be retried on those informations or indictments. (F) If there is a summary offense joined with the misdemeanor, felony, or murder charge that was tried before the jury, the trial judge shall not remand the summary offense to the issuing authority. The summary offense shall be disposed of in the court of common pleas, and the verdict with respect to the summary offense shall be recorded in the same manner as the verdict with respect to the other charges. (G) Before a verdict, whether oral or sealed, is recorded, the jury shall be polled at the request of any party. Except where the verdict is sealed, if upon such poll there is no concurrence, the jury shall be directed to retire for further deliberations. |
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Term
| Rule 649. Sealed Verdict. |
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Definition
| Rule 649. Sealed Verdict. (A) Upon the consent of all parties the judge may permit the jury to seal its verdict. (B) The sealed verdict shall remain in the custody of the foreman of the jury who shall bring it to the next session of court stated by the trial judge. Once a verdict is sealed, the jurors may separate, but all jurors must return to open court to render the jury’s verdict, with all parties present. (C) If upon the poll of a jury there is no concurrence with a sealed verdict, the judge shall not accept the verdict, but shall declare a mistrial and discharge the jury. |
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Term
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Definition
| PA Rule of Evidence 609 – Prior crimin falsi convictions are not admissible after 10 years, unless the court finds in the interest of justice that the probative value of the prior conviction substantially outweighs the prejudicial impact. |
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